The Chickamauga Nation Declaration of Recognition
The Chiefs, Headmen, Warriors, and Citizens of The Chickamauga Nation declare their Federal Recognition. They will vigorously defend their sovereignty, guaranteed by more than 22 Treaties as well as the Constitution of the United States, against any entity, whether foreign or domestic, denying them eligibility for the special programs and services provided by the United States to Indians because of their status as Indians.
Therefore, The Chiefs, Headmen, Warriors, and Citizens appeal to the Senators and Representatives of the United States to act based upon Legislative and Judicial authority under their Plenary Power to go to the office of the Secretary of the Interior and require her to exercise her enumerated, statutory, and fiduciary duty and immediately place the Tribe on the List with the understood, stipulated caveats as required by the Chickamauga Nation.
The Chickamauga Nation is a prime example of a Federally Recognized Indian Tribe. First, the Chickamauga signed over 22 treaties with the United States. Second, in 1934, it was placed on the List by a Congressional Act in accordance with [48 Statute 984 Section (19)], which states, “The term ‘‘Indian’’ as used in this Act shall include all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction.” Third, in 1968, it was again placed on the List by a Congressional Act in accordance with [25 USC Chapter 15, Subchapter 1 §1301 (1)], which states, "Indian tribe" means any tribe band, or other group of Indians subject to the jurisdiction of the United States and recognized as possessing powers of self-government.” Fourth, their recognition is not arbitrary but based on the Tribe's status under the jurisdiction of the United States under the Treaty 7 Statute 18 of 1785 at the time of the passage of the [48 Statute 984 Section (19) Indian Reorganization Act], as confirmed by the Supreme Court in CARCIERI v. SALAZAR No. 07–526. Argued November 3, 2008—Decided February 24, 2009. Fifth, they have been under the jurisdiction of the United States since signing the 1785, 7 Stat 18, the Hopewell Treaty. Sixth, they have existed from time immemorial to the present. Seventh, they have never been terminated by the Congress of the United States. Eighth, they were left off the List by the Secretary of the Interior in contravention of Public Law 103-454, Approved November 2, 1994, 108 Stat 4791 Title II Sec 202 Paragraphs 3 and 4.
Only the Congress of the United States is invested with plenary authority over Indian Affairs. It has written federal statutes requiring the Secretary of the Interior to maintain an accurate List of Federally Recognized Tribes. It has oversight responsibilities over the Department of the Interior and the Secretary of the Interior [Public Law 103 – 454 Section 103 – (1)].
By failing to place the Chickamauga Nation on the List of Federally Recognized Tribes, the Secretary has “Administratively Terminated” a Federally Recognized Tribe in direct contravention of Public Law 103-454 Approved November 2, 1994, 108 Stat 4791 Title II Sec 202 Paragraph 3 and 4 which State: (3) the Secretary does not have the authority to terminate the federally recognized status of an Indian tribe as determined by Congress; (4) the Secretary may not administratively diminish the privileges and immunities of federally recognized Indian tribes without the consent of Congress. In light of Loper Bright Enterprises Et. Al. v. Raimondo, Secretary of Commerce, Et. Al., Ni. 22-451 the Supreme Court on June 28, 2024, has Held: The Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous; Chevron is overruled, and the Secretary of Interior is in violation of the Constitutional and Treaty rights of the Citizens of The Chickamauga Nation.
The plenary power of the Congress of the United States is usurped by the Department of the Interior's failure to place the Chickamauga Nation on the List. Thus, the United States government fails to meet its trust responsibility to recognize Indian tribes, maintain a government-to-government relationship with those tribes, and acknowledge their sovereignty.
Expressed Will of Congress
The context of the Legislative Acts of Congress determines the expressed will of Congress. Congress expressed its will concerning The Chickamauga Nation through legislation in the 1934 Indian Reorganization Act and the 1968 Indian Civil Rights Act. Congress expressed its will by defining a Federally Recognized Tribe as being under the jurisdiction of the United States. The Chickamauga Nation meets those criteria in that it holds more than 22 Treaties with the United States in which the first of those Treaties, 7 Stat 18, expressly places The Chickamauga Nation under the jurisdiction of the United States in Article 3.
Constitutional Tort Law and Legal Definition
A constitutional tort is a violation of one’s constitutional rights by a government employee. The alleged constitutional violation creates a cause of action distinct from any otherwise available state tort remedy. “Constitutional tort” is a predominantly academic term originating in the aftermath of the Supreme Court’s decision in Monroe v. Pape (1961), which held that 42 U.S.C. § 1983 provides a separate federal remedy for individuals suing state or municipal government officers who have violated their constitutional rights. The term is also used in the context of Bivens actions, which are lawsuits under federal common law for constitutional violations committed by federal government employees. As with common law torts, the usual remedy for constitutional torts is monetary damages. https://www.law.cornell.edu/wex/constitutional_tort
Constitutional torts are violations of one's constitutional rights by a government servant. Constitutional tort actions are brought under 42 USCS § 1983 against government employees seeking damages for violating federal constitutional rights, particularly those arising under the Fourteenth Amendment and the Bill of Rights.
42 USCS § 1983 reads as follows:
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the U.S. or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.” https://definitions.uslegal.com/c/constitutional-tort/
Ex Post Facto Black’s Law
Ex Post Facto. After the fact, by an act or fact occurring after some previous act or fact, and relating thereto; by subsequent matter, the opposite of ab initio. Thus, a deed may be good ab initio, or, if invalid at its inception, may be confirmed by matter ex post facto
Ex Post Facto Law. A law passed after the occurrence of a fact or commission of an act, which retrospectively changes the legal consequences or relations of such fact or deed. A law is unconstitutionally “Ex Post Facto” if it deprives the defendant of a defense to criminal liability that he had prior to enactment of the law. State v. Rogers, Ohio ComPl., 346 N.E.2d 352, 361. Art. I, § 9 (CL.3) and § 10 or U.S. Const. prohibit both Congress and the states from passing any ex post facto law. Most state constitutions contain similar prohibitions against ex post facto laws.
An “ex post facto law” is defined as a law which provides for the infliction of punishment upon a person for an act done, which when it was committed, was innocent; a law which aggravates a crime or makes it greater than when it was committed; a law that changes the punishment or inflicts a greater punishment than the law annexed to the crime when it was committed; a law that changes the rules of evidence and receives less or different testimony that was required at the time of the commission of the offense to convict the offender; a law which assuming to regulate civil rights and remedies only, in effect imposes a penalty or the deprivation of a right which, when done, was lawful; a law which deprives persons accused of crime of some lawful protection of a former conviction or acquittal, or of the proclamation of amnesty; every law which, in relation to the offense or its consequences, alters the situation of a person to his disadvantages. Wilensky v. Fields, Fla., 267 SO.2d 1, 5.
EXAMPLE:
Public Law 103–454, November 2, 1994, 108 Stat 4791 4792, “Federally Recognized Serviced Tribes List Act,” is an Ex Post Facto Law in that it redefines “Federally Recognized Tribes” to an inaccurate List of Tribes, excluding Tribes already Federally Recognized by previous federal statutes and codes and including Congressionally Terminated Tribes that were never re-recognized by Congress.
PL 103-454, 108 Stat 4791 4792 strips Treaty Rights, Federal Statute and Code Rights, and Constitutionally Guaranteed Rights from all American Indians whose Tribes previously held these rights. By stripping the Treaty Rights of Tribes, PL 103-454, 108 Stat 4791 4792, creates a de facto termination of these tribes, creating a required Fifth Amendment, “Taking Clause” requirement for said Tribes. By the Executive Branch’s Secretary of Interior’s failure to keep an accurate list of Federally Recognized Tribes, a Takings Clause must be triggered which, according to the US Constitution, requires immediate payment for or immediate return of hundreds of millions of acres, at today’s value (including all Water Rights, Mineral Rights, Timber Rights, and improvements on the lands from the date of the first Treaty) for lands in Alabama, Arkansas, Georgia, Kentucky, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia.
CONSTITUTION AND TREATIES ARE SUPREME LAW OF THE LAND
The Constitution clearly states that treaties are the supreme law of the land. The Legislative and Executive branches wrote or signed into law each of the more than 22 treaties with the Chickamauga. Why, then, are the Chickamauga excluded from the rights and privileges of those treaties? When Federal officials enter office, they swear to support and defend the Constitution, but refuse to uphold the Treaties with the Chickamauga.
All Federal Office Holders and Employees:
“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.”
All State Office Holders and Employees have similar oaths of office.
Article 2 Section 3 Clause 5 - He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
As the Chief Executive of the United States, the President has the authority to order the Secretary of the Interior to follow Public Law 103-454, approved November 2, 1994, 108 Stat 4791 Title II Sec 202 Paragraph 3 and 4, and place the Tribe on the List with the understood, stipulated caveats as required by The Chickamauga Nation.
Article 6 Section 1: - Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
McGirt v Oklahoma, July 9, 2020, United States Supreme Court No. 18–9526 – And the State of Oklahoma has afforded full faith and credit to its judgments since at least 1994. See Barrett v. Barrett, 878 P. 2d 1051, 1054 (Okla. 1994); Full Faith and Credit of Tribal Courts, Okla. State Cts. Network (Apr. 18, 2019),
Under the Full Faith and Credit Clause of the Constitution, as established in Worchester v. Georgia and reaffirmed in McGirt v. Oklahoma, the Laws of the Cherokee Nation (LCN) are granted Full Faith and Credit. This constitutional provision is of paramount importance when dealing with the Chickamauga, Lower Town Chickamauga, and other names given to the Chickamauga by all three branches of the government of the United States.
https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=458214
Article 6 Section 2 - This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Article 6 Section 2, which makes Treaties the supreme law of the land, empowers Senators and Representatives to demand the Secretary of Interior to fulfill their trust responsibilities [Public Law 103 – 454 Section 103 – (2), (6), (7), and (8) Federally Recognized Indian Tribes List Act]. This underscores the influential role that Senators and Representatives play in ensuring the United States government's recognition of Indian tribes, maintenance of a government-to-government relationship with those tribes, and acknowledgment of the sovereignty of those tribes.
[Public Law 103 – 454 Section 202 (1), (2), (3), (4), and (5) Federally Recognized Indian Tribes List Act] Congress finds that the United States in the Act of June 19, 1935 (49 Stat 388 commonly referred to as the “Jurisdiction Act”) recognizes Tribes under the Jurisdiction of the United States as Federally Recognized Tribes. Tribes “Under the Jurisdiction of the United States” and omitted from the List of Federally Recognized Tribes are indeed Federally Recognized Tribes. This recognition is not arbitrary but based on the Tribe's status under the jurisdiction of the United States under the Treaty 7 Statute 18 of 1785 at the time of the passage of the [48 Statute 984 Section (19) Indian Reorganization Act], as confirmed by the Supreme Court in CARCIERI v. SALAZAR No. 07–526. Argued November 3, 2008—Decided February 24, 2009. Further, the Secretary does not have the authority to terminate the federally recognized status of an Indian tribe as determined by Congress; the Secretary may not administratively diminish the privileges and immunities of federally recognized Indian tribes without the consent of Congress; and Tribes under the Jurisdiction of the United States continue to be Federally Recognized Indian tribes. (See Appendix A & B) https://www.chickamauganation.com/post/article-vi-of-the-united-states-constitution & https://www.chickamauganation.com/post/public-law-103-454-november-2-1994-108-stat-4791-4792
Article 6 Section 3 - The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
Article 6 Section 3 - Empowers individual Senators and Representatives to demand that the Secretary of the Interior fulfill their statutory responsibilities in maintaining and publishing an “ACCURATE” [Public Law 103 – 454 Section 103 – (7)] List. This underscores the urgency of the situation and the power vested in each of you. (See Appendix A & B) https://www.chickamauganation.com/post/article-vi-of-the-united-states-constitution & https://www.chickamauganation.com/post/public-law-103-454-november-2-1994-108-stat-4791-4792
THE CHICKAMAUGA NATION IS FEDERALLY RECOGNIZED BY THE EXECUTIVE BRANCH
Since this country's founding, numerous Presidents have expressed their commitment to upholding the trust responsibility. In the historic Special Message on Indian Affairs that marked the dawn of the self-determination age, President Nixon stated "[t]he special relationship between Indians and the Federal government is the result of solemn obligations which have been entered into by the United States Government ... [T]he special relationship ... continues to carry immense moral and legal force. To terminate this relationship would be no more appropriate than to terminate the citizenship rights of any other American." Public Papers of the President: Richard M. Nixon, Special Message on Indian Affairs (July 8, 1970).
For more than four decades, nearly every administration has recognized the trust responsibility and the unique government-to-government relationship between the United States and Indian tribes. President Obama established a White House Council on Native American Affairs with the Secretary of the Interior serving as the Chair. President Barack Obama, Executive Order No. 13647, Establishing the White House Council on Native American Affairs (June 26, 2013). The Order requires cabinet-level participation and interagency coordination for the purpose of "establish[ing] a national policy to ensure that the Federal Government engages in a true and lasting government-to-government relationship with federally recognized tribes in a more coordinated and effective manner, including by better carrying out its trust responsibilities." See also President Barack Obama, Memorandum on Tribal Consultation (Nov. 5, 2009); President George W. Bush, Executive Order No. 13336, American Indian and Alaska Native Education (Apr. 30, 2004); President William J. Clinton, Public Papers of the President: Remarks to Indian and Alaska Native Tribal Leaders (Apr. 29, 1994); President George H.W. Bush, Public Papers of the President: Statement Reaffirming the Government-to-Government Relationship Between the Federal Government and Indian Tribal Governments (Jun.14, 1991); President Ronald Reagan, American Indian Policy Statement, 19 Weekly Comp. Pres. Doc. 98 (Jan. 24, 1983); President Gerald L. Ford, Public Papers of the President: Remarks at a Meeting with American Indian Leaders (July 16, 1976); President Richard M. Nixon, Public Papers of the President: Special Message on Indian Affairs (July 8, 1970); President Lyndon B. Johnson, Public Papers of the President: Special Message to the Congress on the Problems of the American Indian: "The Forgotten American" (March 6, 1968).
The Executive branch swears to uphold and enforce the laws of the United States, but intentionally avoids doing so for the Chickamauga. The Statutes and Codes of the United States explicitly state that The Chickamauga Nation is a Federally Recognized Treaty Tribe under the jurisdiction of the United States. George Washington, Thomas Jefferson, James Monroe, and Andrew Jackson acknowledged the Lower Town (Cherokee) Chickamauga as an individual, separate tribe from the Cherokee.
President Washington's Fourth Annual Address to Congress (1792): President George Washington explicitly references the Chickamauga and their villages, acknowledging them as a distinct group with specific land holdings. This Congressional record serves as recognition by the Legislative Branch. (See Appendix E)
George Washington to the Senate and the House of Representatives 1792-11-28 for the Congress to determine War of Peace with the Chickamauga.
George Washington's Letter to the Cherokees, appearing in Cherokee Phoenix September 17, 1828, lists the Principal Chiefs of the Cherokee Nation - the Little Turkey, the Badger, the Dragging Canoe, John Watts, Katakiskee, the Hanging Maw, the Breath, the Boots, the Black Fox, the Thigh, the Glass, and Dick of the lookout Mountain. Of those, the Lower Town Chickamauga are: the Badger, the Dragging Canoe, John Watts, Katakiskee, the Breath, the Boots, the Black Fox, the Thigh, the Glass, and Dick of the Lookout Mountain
https://tile.loc.gov/storage-services/service/ndnp/dlc/batch_dlc_topsn83020866_ver01/data/sn83020866/print/1828091701/0001.pdf
Thomas Jefferson Land Trade Treaty (1809): President Thomas Jefferson traded lands east of the Mississippi River for lands west of the Mississippi River with the Lower Town Chickamauga. It was documented in the Preamble of the 1817 Treaty. (See Appendix G)
Bureau of Indian Affairs Must Identify The Chickamauga Nation as a Category 4, Political Tribe: Information about Indian ancestry of individuals in this category of Cherokees is more difficult to locate. This is primarily because the federal government has never maintained a list of all the persons of Cherokee Indian descent, indicating their tribal affiliation, degree of Indian blood or other data. In order to establish Cherokee ancestry you should use the same methods prescribed in "Indian Ancestry" and "Genealogical Research" material.
(See Appendix U) https://www.doi.gov/tribes/cherokee
United States Department of Agriculture: Servicing the Chickamauga Nation by providing Grants in 2022 and 2023.
AIM's Takeover of the BIA Building in November of 1972 Leaves Questions as to the Authenticity and Accuracy of BIA Records.
The New York Times reported that eight truckloads, which were determined to be over 7,000 cubic feet of documents, were removed from the BIA Building. Who is to say that these documents were related to the archaeology and history of the Chickamauga Nation? Since the documents are not accounted for, who can legally demonstrate the authenticity and accuracy of the List?
MISSING RECORDS FROM BIA
https://www.archives.gov/research/native-americans/bia-guide/arkansas.html
https://www.archives.gov/research/native-americans/bia-guide/georgia.html
https://www.archives.gov/research/native-americans/bia-guide/kentucky.html
https://www.archives.gov/research/native-americans/bia-guide/missouri.html
https://www.archives.gov/research/native-americans/bia-guide/south-carolina.html
https://www.archives.gov/research/native-americans/bia-guide/tennessee.html
War Department Records
Papers of the War Department, February 10, 1794. From Isaac Shelby To Henry Knox
SUMMARY: Governor Shelby fully expects that the Creek and Chickamauga Indians will attack frontier settlers as soon as winter breaks so he requests authority to take measures for the defensive protection of the frontiers of Kentucky.
http://wardepartmentpapers.org/docimage.php?id=9792&docColID=10772&page=3
Papers of the Department of War, October 30, 1792. From Henry Knox To Henry Lee
SUMMARY: Congress to discuss war and peace with Chiccamagas. Only defensive action by state to be taken in dealing with Indians.
http://wardepartmentpapers.org/docimage.php?id=7506&docColID=8154
Papers of the Department of War, February 15, 1793. From Henry Knox To Henry Lee
SUMMARY: Indians desire peace, Governor Blount to call general council to discuss terms.
http://wardepartmentpapers.org/docimage.php?id=7989&docColID=8669
Papers of the War Department, August 13, 1792. From Henry Knox To James Wood
SUMMARY: Advises against disputes with neighboring Indians for fear it will spread to all southern tribes. Result of Grand National Council was peace among Cherokees towards U.S.
http://wardepartmentpapers.org/docimage.php?id=7192&docColID=7795
Papers of the War Department, February 11, 1784. From Alexander Martin To Joseph Martin
SUMMARY: Governor Martin (of North Carolina) directs an investigation into murders committed in the Cumberland Gap. He states that if Cherokee or Chickamauga Indians are responsible a military expedition will be sent into their nation to obtain "satisfaction" unless they surrender the murderers. Directs that squatters be ordered off Indian Lands. Discusses an agreement between Spain and the Delaware Indians. Also mentions a treaty to be held with the Indians.
http://wardepartmentpapers.org/docimage.php?id=166&docColID=175
Notification of Divide in Cherokee Nation
http://wardepartmentpapers.org/s/home/item/43570
Sevier invited to join council held in Cherokee nation in town of Chota. At council Sevier was notified that the five lower towns had declared war on United States, J. Watts heads party. Hostile Indians plan on attacking frontier settlements. Assurances that every other part of the Cherokee nation is happily at peace with United States. Special note on Indian town names and names of chiefs that oppose declaration of war, Sevier provided those chiefs with Indian goods so as to foster good relations.
document number 1792091390100
Campaign against Creeks and Cherokees
http://wardepartmentpapers.org/s/home/item/47869
General Robertson informs Major Ore that he is to defend the district of Mero against a large party of Creeks and Cherokees of the Lower towns. Ordered to "destroy the Lower Cherokee towns... taking care to spare women and children, and to treat all prisoners, who may fall into your hands, with humanity, and thereby teach those savages to spare the citizens of the United States, under similar circumstances."
document number 1794090690000
Report No 81 On Petition By Stephen Cantrill
http://wardepartmentpapers.org/s/home/item/61814
Report of Sec. of War on petition: Cantrill requested compensation for services provided related to expedition in Cherokee nations country. Cantrill ordered by General Robertson to destroy two indian towns (Running Water and Nickajack). Secretary of War did not sanction event.
document number 1798040500000
Peace with Lower Cherokee
http://wardepartmentpapers.org/s/home/item/48505
After having corresponded with Double-head, Chief of the Cherokees, Governor William Blount of Southwest Territory orders that General Benjamin Logan immediately desist from attempts to invade Lower Cherokee towns, who are in a state of peace with the United States. Rogue elements of the military had previously destroyed the friendly Cherokee towns of Nickajack and Running Water.
document number 1794110190000
Destruction of Lower Cherokee Towns
http://wardepartmentpapers.org/s/home/item/48475
Secretary Knox requests that Mr. Dandridge submit to President Washington the enclosed letter from Governor William Blount of Southwest Territory, regarding the destruction of two lower Cherokee towns, Running Water and Nickajack.
document number 1794103000000
Indian Hostilities
http://wardepartmentpapers.org/s/home/item/43726
Intelligence from Gov. Blount states that five hundred warriors from Chickamaga towns and some banditti Upper Creeks plan hostilities against the U.S. and will strike the Cumberland settlements. Authorized Governor to make defensive preparations.
document number 1792102700100
Defensive Protection Of The Frontiers
http://wardepartmentpapers.org/s/home/item/45995
Governor Shelby fully expects that the Creek and Chickamauga Indians will attack frontier settlers as soon as winter breaks so he requests authority to take measures for the defensive protection of the frontiers of Kentucky.
document number 1794021040001
Avoiding Conflict With The Southern Tribes
http://wardepartmentpapers.org/s/home/item/43876
Knox provides Blount with his assessment of the situation with the southern Indians and projected additions to the military establishment in the South. The Indians are not satisfied with the actions of the Cumberland settlements but it appears that the Creek chiefs are willing to council with Seagrove soon. Blount is asked to take whatever action is needed to end conflict with the Chickamaugas.
notable phrase - The Indians are dissatisfied about the Cumberland business and the President is exceedingly desirous of knowing the cause of it...In this event Sir, you could not do more acceptable service to the government, or more enhance your own reputation, than by terminating the affair with the said Chickamaugas without futher conflict.
document number 1792112600000
Murders In The Cumberland Gap
http://wardepartmentpapers.org/s/home/item/36554
Governor Martin (of North Carolina) directs an investigation into murders committed in the Cumberland Gap. He states that if Cherokee or Chickamauga Indians are responsible a military expedition will be sent into their nation to obtain "satisfaction" unless they surrender the murderers. Directs that squatters be ordered off Indian Lands. Discusses an agreement between Spain and the Delaware Indians. Also mentions a treaty to be held with the Indians.
document number 1792110840000
Conference with Cherokee leadership
http://wardepartmentpapers.org/s/home/item/48562
Conference between Governor William Blount of Southwest Territory, and several Cherokee representatives: Colonel John Watts of a Lower Cherokee town (Will's town), and Scolacutta (aka, Hanging Maw), along with other Cherokee chiefs. Also present were 400 warriors and several citizens of the United States. Briefly discuss the illegal destruction by Major Ore of the friendly Lower Cherokee towns of Nickajack and Running Water, along with illegal aggression by General James Robertson. Blount condemns these actions and stresses repeatedly that he wants permanent, sustained peace with the Cherokee, which the Cherokee desire as well. Both Blount and the Cherokee chiefs discuss hostility by the unfriendly Creek Nation, along with the American alliance with the Chickasaw and Choctaw. They also smoke a tobacco pipe during the conference as a sign of friendship.
document number 1794110890000
Provisions granted to Indian chief
http://wardepartmentpapers.org/s/home/item/48531
Informs Governor William Blount of Southwest Territory that Indian chief Tickagiskee recently arrived at Tellico Block House with about 300 Indians. They requested provisions, which were granted. Writes that Colonel Watts has arrived to negotiate for an exchange of prisoners. Watts has informed him that one or two days before the illegal destruction of the Lower Cherokee towns, Nickajack and Running Watter, two scalps were brought into the former, one by a Cherokee.
document number 1794110490100
Punish Them in the Severest Manner
http://wardepartmentpapers.org/s/home/item/44422
Governor Blount provides General Robertson with his orders regarding the military prevention of incursions into peaceful settlements by hostile Cherokees and Creeks.
Bad Doings of the Creeks and Cherokees
http://wardepartmentpapers.org/s/home/item/44905
Piamingo warns Smith of the depredations of the Creeks and Cherokees and wonders why the Americans even bother to treat with Indians that will be at war with them until they are defeated. They have even invited the Chickasaws and Choctaws to join them in a war against the United States.
The Secretary of Interior has failed to keep an accurate list in that Congressionally Terminated Tribes are on the List while Historically, Federally Recognized Tribes.
Either the Congress of the United States does or does not have plenary power over Indians, the treaties and Policies of the United States governing Indians. It appears the Congress of the United States ceded its plenary powers to the Department of the Interior’s Bureau of Indian Affairs (BIA) and the Office of Federal Acknowledgement (OFA). The Will of the Congress and the Original Intent of the Congress itself are being usurped by the BIA in that the BIA intentionally provides services and benefits to terminated Tribes, which are no longer Federally Recognized, while at the same time refusing to provide services and benefits to Federally Recognized Tribes. If the Congress retains its Plenary Powers, it must rectify the injustices committed against The Chickamauga Nation, but against all of the Federally Neglected Tribes.
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
The 1896 Curtis Act
June 28, 1898 Fifty-Fifth Congress Session 2 Chapter 517 of 1898
The Cherokee Agreement - 32 Statute 716
July 1, 1902 The Fifty-Seventh Congress of the United State Session Chapter 1375 of July 1, 1902 32 Statute 716
This agreement ratified by Cherokee Nation at an election held August 7, 1902.
Chief William Charles Rogers Address to Cherokee Council
At the final session of the Cherokee Council on November 9, 1904,
Chronicles of Oklahoma, Volume 17, No. 2, June, 1939
The 1906 Curtis Act
April 26, 1906 The Eighty-Sixth Congress of the United States Session 1 34 Stat 137, Public Law 86-192 1906.
AMENDED: PUBLIC LAW 86-192-AUG. 26, 1959
To supplement the Act of April 26, 1906 (34 Stat. 137)
November 6, 1919 Eastern Band of North Carolina Self Terminates
Act June 4, 1924, ch. 253, 43 Stat. 376
Wheeler-Howard Act, June 18, 1934 (The Indian Reorganization Act)
(48 Stat. 984), as amended (25 U.S.C. 461)
Oklahoma Indian Welfare Act of 1936.
(49 Stat. 1967), as amended (25 U.S.C. 501-50925 U.S.C. 501-50925 U.S.C. 501-50925 U.S.C. 501-50925 U.S.C. 501-509)
1938 Fairfield Convention of the Clandestine Cherokee Nation General Convention
1970 Chief’s Act (Public Law 91-495)
THE CHICKAMAUGA NATION IS FEDERALLY RECOGNIZED BY THE LEGISLATIVE BRANCH
Congress has also recognized the United States' unique responsibilities to Indian tribes and individual Indian beneficiaries. Recently, Congress passed a joint resolution recognizing the "special legal and political relationship Indian tribes have with the United States and the solemn covenant with the land we share" and acknowledged the "long history of depredations and ill-conceived polices by the Federal government regarding Indian tribes" and offered "an apology to all Native peoples on behalf of the United States." lllth Cong. 1st Sess., S.J. Res 14 (Apr. 30, 2009). Congress has expressly and repeatedly recognized the trust responsibility in its enactments impacting Indian Affairs. See, e.g., Indian Education and Self Determination and Assistance Act of 1975; Tribal Self-Governance Amendments of 2000; American Indian Trust Fund Management Reform Act of 1994; Federally Recognized Indian Tribe List Act of 1994; Tribally Controlled Schools Act of 1988 and Indian Education Act of 1972; Indian Child Welfare Act of 1978; Indian Mineral Development Act of 1982; Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012 (HEARTH Act).
The Legislative branch of the United States has written more than 22 treaties with the Chickamauga, budgets from 1785 to at least 1845 providing services to the Chickamauga, budgets from 1785 to modern time providing annuities to the Chickamauga, budgets paying for the military to protect and massacre the Chickamauga, budgets paying for the military pensions for the soldiers who admit in open court to committing genocide against the Chickamauga, the Indian Reorganization Act in 1934 recognizing the Chickamauga being under the jurisdiction of the United States, the 1968 Indian Civil Rights Act recognizing the Chickamauga being under the jurisdiction of the United States, and the 1994 Federally Recognized Indians List Act making it illegal for the Secretary of Interior not to place The Chickamauga Nation on the List.
While Recognizing The Chickamauga Nation as a Federally Recognized Tribe, the Legislative branch has never terminated the Chickamauga as it has many other Tribes. Since the Congress has not terminated The Chickamauga Nation, and The Chickamauga Nation is a Federally Recognized Tribe, the Congress must provide oversight and force the Secretary of Interior to place the Chickamauga Nation on the List of Federally Recognized Tribes with the understood, stipulated caveats as required by The Chickamauga Nation.
The Chickamauga Nation is a prime example of a Federally Recognized Indian Tribe. The Chickamauga Nation is a prime example of a Federally Recognized Indian Tribe. It has already been placed on the List by a Congressional Act in accordance with [48 Statute 984 Section (19) Indian Reorganization Act], which states, “The term ‘‘Indian’’ as used in this Act shall include all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction.” This recognition is not arbitrary but based on the Tribe's status under the jurisdiction of the United States under the Treaty 7 Statute 18 of 1785 at the time of the passage of the Act, as confirmed by the Supreme Court in CARCIERI v. SALAZAR No. 07–526. Argued November 3, 2008—Decided February 24, 2009. This case sets a precedent for accurately recognizing Indian tribes [Public Law 103-454 Section 103-(7)]. (See Appendix C) https://www.chickamauganation.com/post/indian-reorganization-act---48-statute-984-section-19
The Chickamauga Nation is Federally Recognized and has already been placed on the List by a Congressional Act in accordance with [25 USC Chater 15, Subchapter 1 §1301 (1) Indian Civil Right Act of 1968], which states, "Indian tribe" means any tribe band, or other group of Indians subject to the jurisdiction of the United States and recognized as possessing powers of self-government;” The Chickamauga Nation is a Federally Recognized Indian Tribe in that it is under the jurisdiction of the United States under the Treaty 7 Statute 18 of 1785 at the time of the passage of the Act according to the Supreme Court in CARCIERI v. SALAZAR No. 07–526. Argued November 3, 2008—Decided February 24, 2009. (See Appendix D)
https://www.chickamauganation.com/post/indian-civil-rights-act-of-1968---25-usc-chapter-15-subchapter-i-ss1301
Congress was informed by the Executive Branch in 1792 that The Chickamauga Nation was a Federally Recognized Tribe by President George Washington during his November 6 Fourth Annual Address to Congress and then in his November 28 Letter to Congress seeking War or Peace with the Chickamauga. (See Appendix E & F)
https://www.chickamauganation.com/post/chickamauga-recognized-in-george-washingtons-fourth-annual-address-to-congress & https://www.chickamauganation.com/post/george-washing-letter-to-congress-to-discuss-war-and-peace-with-the-chickamauga
President George Washington's Fourth Annual Address to Congress Published in the Annals of Congress. (See Appendix E) https://www.chickamauganation.com/post/chickamauga-recognized-in-george-washingtons-fourth-annual-address-to-congress
Response to President Washington’s request for Congress to debate War and Peace with the Chickamauga. The House and Senate debated War and Peace with the Chickamauga and advised to retain the peace https://www.chickamauganation.com/post/treaties-signed-by-the-chiefs-head-men-and-warriors-of-the-chickamauga-nation
Drake documented for Congress that the Chickamauga Nation is not part of the Cherokee Nation. (See Appendix Q) https://www.chickamauganation.com/post/treaties-signed-by-the-chiefs-head-men-and-warriors-of-the-chickamauga-nation
Signing 22 Treaties with the Chickamauga (See Appendix G)
The Acts of Congress Toward the Chickamauga (See Appendix H) https://www.chickamauganation.com/post/chickamauga-on-the-federal-list---public-acts-of-congress
The pensioners received pensions for raiding and committing genocide against the Chickamauga. (See Appendix I) https://www.chickamauganation.com/post/chickamauga-on-the-federal-list---congress-paid-pensioners-to-commit-genocide-against-chickamauga
Congress passed H Con Res 331 of the 1988: Iroquoian Constitution and Confederation. CONCURRENT RESOLUTION: To acknowledge the contribution of the Iroquois Confederacy of Nations to the development of the United States Constitution and to reaffirm the continuing government-to-government relationship between the Indian Tribes and the United States established in the Constitution. (See Appendix J) https://www.chickamauganation.com/post/tcn-is-part-of-the-iroquoian-confederacy-in-the-western-confederacy-and-united-indian-nations-confederacy
The Iroquois Confederacy Constitution (See Appendix K) https://www.chickamauganation.com/post/the-iroquoian-confederacy-constitution
The Chickamauga Nation is part of the Iroquoian Confederacy as members of the Western Confederacy and the United Indian Nations, as demonstrated in the 1786 Letter to Congress (See Appendix L) https://www.chickamauganation.com/post/a-confederation-of-native-peoples-seek-peace-with-the-united-states-1786
Congress Has Never Terminated the Chickamauga Nation
The complete absence of any legislative action by the United States to terminate the Chickamauga demonstrates absolutely that the Chickamauga have never been a terminated tribe.
It is well established that it is for Congress and Congress alone to decide if and when to terminate the United States' relationship with a particular tribe. As early as 1916, the Supreme Court observed: “Of course, when the Indians are prepared to exercise the privileges and bear the burdens of one sui juris, the tribal relation may be dissolved and the national guardianship brought to an end; but it rests with Congress to determine when and how this shall be done, and whether the emancipation shall at first be complete or only partial.”
1. United States v. Nice, supra at 598 (emphasis added)
2. Chippewa Indians v. United States, 307 U.S. 1, 5 (1939) (Court may not assume that Congress abandoned guardianship absent clear expression of that intent)
3. Tiger v. Western Investment Co., 221 U.S. 286,315 (1911) ("[C]ongress in pursuance of the long-established policy of the government, has a right to determine for itself when the guardianship which has been maintained over the Indian shall cease. It is for that body, and not the courts, to determine when the true interests of the Indian require his release from such condition of tutelage.")
4. Hence, federal common law dictates that the United States owes a continuing duty to The
Chickamauga Nation until and unless such time as Congress determines otherwise.
The federal common law rule that only Congress has authority to terminate a tribe was adopted by Congress in Pub. L. 103-454, portions of which amended the Indian Reorganization Act in 1994. In Pub. L. 103-454 Congress decreed that in the modem era tribes that have been (i) recognized by an act of Congress, (ii) recognized by Interior under its administrative acknowledgment regulations, and (iii) recognized by the decisions of U.S. courts cannot be terminated without express congressional action. Pub. L. 103-454 (§ 103(4))
Both the judge-made and statutory rules, then, require an Act of Congress to terminate the United States' acknowledged relationship with The Chickamauga Nation. Because Congress authorized the relationship with the Chickamauga through Treaty and has not repudiated the relationship, therefore, Interior is obliged now to confirm that relationship.
TREATIES WITH THE UNITED STATES
333 of the 364 (91.5%) Signatories on the more than 22 treaties are Lower Town Chickamauga, which places the Chickamauga Nation under Federal Jurisdiction.
1785 7 Stat 18
ARTICLE 1.
The Head-Men and Warriors of all the Cherokees
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.
At Least 28 of the 37 (73%) Signatories Are Lower Town Chickamauga;
Koatohee, or Corn Tassel of Toquo, Tuskegatahu, or Long Fellow of Chistohoe, Ooskwha, or Abraham of Chilkowa, Newota, or the Gritzs of Chicamaga, Konatota, or the Rising Fawn of Highwassay, Tuckasee, or Young Terrapin of Allajoy, Toostaka, or the Waker of Oostanawa, Untoola, or Gun Rod of Seteco, Kostayeak, or Sharp Fellow Wataga, Chescoonwho, Bird in Close of Tomotlug, Tuckasee, or Terrapin of Hightowa, Chesetoa, or the Rabbit of Tlacoa, Chesecotetona, or Yellow Bird of the Pine Log, Sketaloska, Second Man of Tillico, Chokasatahe, Chickasaw Killer Tasonta, Onanoota, of Koosoate, Ookoseta, or Sower Mush of Kooloque, Umatooetha, the Water Hunter Choikamawga, Wyuka, of Lookout Mountain, Tulco, or Tom of Chatuga, Will, of Akoha, Amokontakona, Kutcloa, Kowetatahee, in Frog Town, John, of Little Tallico, Skelelak, Akonoluchta, the Cabin, and Cheanoka, of Kawetakac,
1791 7 Stat 39
There shall be perpetual peace and friendship between all the citizens of the United States of America, and all the individuals composing the whole Cherokee nation of Indians.
At Least 37 of the 41 (90%) Signatories Are Lower Town Chickamauga;
Chuleoah, or the Boots, Occunna, or the Badger, Enoleh, or Black Fox, Nontuaka, or the Northward, Tekakiska, Chutloh, or King Fisher, Tuckaseh, or Terrapin, Kateh, Kunnochatutloh, or the Crane, Cauquillehanah, or the Thigh, Chesquotteleneh, or Yellow Bird, Chickasawtehe, or Chickasaw Killer, Kulsatehe, Sawutteh, or Slave Catcher, Aukuah, Oosenaleh, Kenotetah, or Rising Fawn, Kanetetoka, or Standing Turkey, Yonewatleh, or Bear at Home, Long Will, Kunoskeskie, or John Watts, Nenetooyah, or Bloody Fellow, Chuquilatague, or Double Head, Koolaquah, or Big Acorn, Toowayelloh, or Bold Hunter, Kinnesah, or Cabin, Tullotehe or Two Killer, Kaalouske, or Stopt Still, Kulsatche, Talohteske, or Upsetter, Cheakoneske, or Otter Lifter, Keshukaune, or She Reigns, Toonaunailoh, Teesteke, or Common Disturber, Robin McLemore, Skyuka,
1792 7 Stat 42 (Addendum to 7 Stat 39)
Additional Article To the Treaty made between the United States and the Cherokees on the second day of July, one thousand seven hundred and ninety-one.
It is hereby mutually agreed between Henry Knox, Secretary of War, duly authorized thereto in behalf of the United States, on the one part, and the undersigned chiefs and warriors, in behalf of themselves and the Cherokee nation,
All 6 (100%) of the Signatories Are Lower Town Chickamauga
Iskagua, or Clear Sky (formerly Nenetooyah, or Bloody Fellow), Nontuaka, or the Northward, Chutloh, or King Fisher, Katigoslah, or the Prince, Teesteke, or Common Disturber, Suaka, or George Miller,
1794 7 Stat 43
ARTICLE I.
And whereas the undersigned Henry Knox, Secretary for the department of War, being authorized thereto by the President of the United States, in behalf of the said United States, and the undersigned Chiefs and Warriors, in their own names, and in behalf of the whole Cherokee nation,
All 12 (100%) of the Signatories Are Lower Town Chickamauga
Tekakisskee, or Taken out of the Water, Nontuaka, or the Northward, Cinasaw, or the Cabin, Skyuka, Chuquilatague, or Double Head, John McCleemore, Chuleowee, Ustanaqua, Kullusathee, Siteaha, Chatakaelesa, or the Fowl Carrier
1798 7 Statute 62
ARTICLE I.
The peace and friendship subsisting between the United States and the Cherokee people, are hereby renewed, continued, and declared perpetual.
At Least 37 of the 39 (95%) Signatories Are Lower Town Chickamauga;
Nenetuah, or bloody Fellow, Ostaiah, Oortlokecteh, Chockonnistaller, or Stallion, Noothoietah, Utturah, or Skin Worm, Weelee, or Will, Oolassoteh, Tlorene, Oonatakoteekee, Kanowsurhee, or Broom, Yonah Oolah, Bear at Home, Tunksalenee, or Thick Legs, Oorkullaukee, Kumamah, or Butterfly, Chattakuteehee, Kettegiskie, Tauquotihee, or the Glass, Chuquilatague, Salleekookoolah, Tallotuskee, Neekaanneah, or Woman Holder, Kulsateehee, Tlorene, Keetakeuskah, or Prince, Jonnurteekee, Charley, Akooh, Sawanookeh, Yonahequah, or Big Bear, Keenahkunnah, Kaweesoolaskee, Teekakalohenah, Ookouseteeh, or John Taylor, Chochuchee
1804 7 Stat 288
ARTICLE 1st.
For the considerations hereinafter expressed, the Cherokee nation relinquish and cede to the United States, a tract of land bounding, southerly, on the boundary line between the State of Georgia and the said Cherokee nation, beginning at a point on the said boundary line northeasterly of the most northeast planatation, in the settlement known by the name of Wafford’s Settlement, and running at right angles with the said boundary line four miles into the Cherokee land;
All 10 (100%) of the Signatories Are Lower Town Chickamauga;
Tolluntuskie, Broom, J. McLamore, Quotequeskee, Path Killer, Tagustiskee, Tulio, Sour Mush, Keatechee, James Vann.
1805 7 Statute 93
ARTICLE I.
All former treaties, which provide for the maintenance of peace and preventing of crimes, are on this occasion recognized and continued in force.
ART. II.
The Cherokees
All 33 (100%) Signatories Are Lower Town Chickamauga;
Fox, or Ennollee, Path Killer, or Nenohuttahe, Glass, or Tauquatehee, Double head, or Dhuqualutauge, Dick Justice, Tounhull, or Toonayeh, Turtle at Home, or Sullicooahwolu, Chenawee, Slave Boy, or Oosaunabee, Tallotiskee, Broom, or Cunnaweesoskee, John Greenwood, or Sour Mush, Chulioah, Katigiskee, William Shawry, or Eskaculiskee, Taochalar, James Davis, or Coowusaliskee, John Jolly, or Eulatakee, Bark, or Eullooka, John McLemore, or John Euskulacau, Big Bear, or Yohanaqua, Dreadfulwater, or Aumaudoskee, Challaugittihee, Calliliskee, or Knife Sheath, Closenee, Challow, or Kingfisher, John Watts, jr., Sharp Arrow, or Costarauh, John Dougherty, or Long John, Tuckasee, or Terrapin, Tuskegittihee, or Long Fellow, Tochuwor, or Red Bird, Catihee, or Badgerson,
1805 7 Statute 95
ART. 4th.
This treaty shall be obligatory between the contracting parties as soon as it is ratified by the President, by and with the advice and consent of the Senate of the United States.
In testimony whereof, the said commissioners, and the undersigned chiefs and head men of the Cherokees, have hereto set their hands and seals.
All 14 (100%) Signatories Are Lower Town Chickamauga;
Black Fox, or Ennone, Broom, or Cannarwesoske, The Glass, or Tunnquetihee, Kutigeskeee, Toochalar, Turtle at Home, or Sullicookiewalar, Dick Justice, John Greenwood, or Eakosettas, Chuleah, or Gentleman Tom, Bald Hunter, or Toowayullau, John Melamere, or Euquellooka, Closenie, or Creeping, Double Head, or Chuquacuttague, Chickasawtihee, or Chickasawtihee Killer,
ADDENDUM: At Least 3 of the 6 (50%) Signatories are Lower Town Chickamauga
1806 7 Statute 101
ARTICLE I.
The undersigned chiefs and head men of the Cherokee nation of Indians, for themselves and in behalf of their nation,
All 17 (100%) Signatories Are Lower Town Chickamauga
Double Head, James Vanu, Tallotiskee, Chulioa, Chulioa, Sour Mush, Turtle at home, Katihu, John McLemore, Broom, John Jolly, John Lowry, Red Bird, John Walker, Young Wolf, Young Wolf, Skeuha, Sequechu, Wm. Showry,
1807 7 Stat 103
WHEREAS, by the first article of a convention between the United States and the Cherokee nation
All 5 (100%) Signatories Are Lower Town Chickamauga
Eunolee, or Black Fox, Fauquitee, or Glass, Fulaquokoko, or Turtle at home, Richard Brown, Sowolotoh, king's brother
1816 7 Stat 138
ART. 2.
For and in consideration of the above cession, the United States promise and engage that the State of South Carolina shall pay to the Cherokee nation, or its accredited agent, the sum of five thousand dollars, within ninety days after the President and Senate shall have ratified this treaty: Provided, That the Cherokee nation shall have sanctioned the same in Council: And provided also, That the Executive of the State of South Carolina shall approve of the stipulations contained in this article.
At Least 3 of the 6 (50%) Signatories are Lower Town Chickamauga
Colonel John Lowry, Major John Walker Major Ridge
1816 7 Stat 139
ARTICLE 1.
Whereas doubts have existed in relation to the northern boundary of that part of the Creek lands lying west of the Coosa river, and which were ceded to the United States by the treaty held at Fort Jackson, on the ninth day of August, one thousand eight hundred and fourteen; and whereas, by the third article of the Treaty, dated the seventh of January, one thousand eight hundred and six, between the United States and the Cherokee nation, the United States have recognised a claim on the part of the Cherokee nation to the lands south of the Big Bend of the Tennessee river, and extending as far west as a place on the waters of Bear Creek, [a branch of the Tennessee river,] known by the name of the Flat Rock, or Stone; it is, therefore, now declared and agreed, that a line shall be run from a point on the west bank of the Coosa river, opposite to the lower end of the Ten Islands in said river, and above Port Strother, directly to the Flat Rock or Stone, on Bear creek, [a branch of the Tennessee river;] which line shall be established as the boundary of the lands ceded by the Creek nation to the United States by the treaty held at Fort Jackson, on the ninth day of August, one thousand eight hundred and fourteen, and of the lands claimed by the Cherokee nation lying west of the Coosa and south of the Tennessee rivers.
At Least 3 of the 6 (50%) Signatories are Lower Town Chickamauga
Colonel John Lowry, Major John Walker Major Ridge,
1816 7 Statute 148
ART. 1.
Peace and friendship are hereby firmly established between the United States and Cherokee nation or tribe of Indians.
All 16 (100%) Signatories are Lower Town Chickamauga
Toochalar, OohuIookee, Wososey, Gousa, Spring Frog, Oowatata, Sallocooke Fields, George Guess, Bark, Campbell, Spirit, Young Wolf, Oolitiskee
ADDENDUM: All 9 (100%) of the Signatories are Lower Town Chickamauga;
Path Killer, The Glass, Sour Mush, Chulioa, Dick Justice, Richard Brown, Bark, The Boot, Chickasawlua
1817 7 Statute 156
ART. 1.
The chiefs, head men, and warriors, of the whole Cherokee nation
ART. 2.
The chiefs head men, and warriors, of the whole Cherokee nation
ART. 5.
The United States bind themselves in exchange for the lands ceded in the first and second articles hereof, to give to that part of the Cherokee nation on the Arkansas as much land on said river and White river as they have or may hereafter receive from the Cherokee nation east of the Mississippi, acre for acre, as the just proportion due that part of the nation on the Arkansas agreeably to their numbers; which is to commence on the north side of the Arkansas river at the mouth of Point Remove or Budwell's Old Place; thence, by a straight line, northwardly, to strike Chataunga mountain, or the hill first above Shield's Ferry on White river, running up and between said rivers for complement, the banks of which rivers to be the lines; and to have the above line, from the point of beginning to the point on White river, run and marked, which shall be done soon after the ratification of this treaty; and all citizens of the United States, except. P. Lovely, who is to remain where she lives during life, removed from within the bounds as above named. And it is further stipulated, that the treaties heretofore between the Cherokee nation and the United States are to continue in full force with both parts of the nation, and both parts thereof entitled to all the immunities and privilege which the old nation enjoyed under the aforesaid treaties; the United States reserving the right of establishing factories, a military post, and roads within the boundaries above defined.
1817 Treaty Reservation not Disenfranchised by Congress Regarding Article 5 - “And it is further stipulated that the Treaties heretofore between the Cherokee Nation and the United States are to continue in Full Force with both parts of the Nation, and both parts thereof entitled to all immunities and privileges which the Old Nation enjoyed under the aforesaid Treaties.”
ART. 6.
The United States do also bind themselves to give to all the poor warriors who may remove to the western side of the Mississippi river, one rifle gun and ammunition, one blanket, and one brass kettle, or, in lieu of the brass kettle, a beaver trap,
ART.9.
The contracting parties also provide that nothing in the foregoing articles shall be construed to prevent any of the parties so contracting from the free navigation of all the waters mentioned therein.
ART. 12.
The United States do also bind themselves to prevent the intrusion of any of its citizens within the lands ceded by the first and second articles of this treaty, until the same shall be ratified by the President and Senate of the United States, and duly promulgated.
1817 Treaty 7 Stat 156 – Signatories:
At Least 26 of the 31 Signatories East of the Mississippi River are Lower Town Chickamauga
Richard Brown, Cabbin Smith, Sleeping Rabbit, George Saunders, Roman Nose, Currohe Dick, John Walker, George Lowry, Walter Adair, James Brown, Kelachule, Sour Mush, Chulioa, Chickasautchee, The Bark of Chota, The Bark of Hightower, Big Half Breed, Leyestisky, Souanooka, The Locust, Beaver Carrier, Dreadful Water, Chyula, John McIntosh, Katchee of Cowee, White Man Killer
All 15 Signatories West of the Mississippi River are Lower Town Chickamauga
Toochalar, The Glass, Wassosee, John Jolly, The Gourd, Spring Frog, John D. Chisholm, James Rogers, Wawhatchy, Attalona, Kulsuttchee, Tuskekeetchee, Chillawgatchee, John Smith, Toosawallata
1819 7 Statute 195
ART. 1.
The Cherokee nation cedes
At Least 7 of the 12 (58%) Signatories are Lower Town Chickamauga;
James Brown, Geo. Lowry, Cabbie Smith, Sleeping Rabit, Small Wood, John Walker, Currohee Dick.
ADDENDUM: At Least 19 of the 21 (90%) Signatories are Lower Town Chickamauga;
Outahelce, Chulio, [L. S.] Naire, Dick Justice, Theelagathahee, Wausaway, The Raven, Big Cabbin, Two Killers, The Bark, Teeistiskee, John Boggs, Nettle Carrier, Seekeekee, Quotiquaskee, John Walker, Currihee, Dick, Ooseekee, Toochalee,
1828 7 Stat. 311
ART. 2.
The United States agree to possess the Cherokees, and to guarantee it to them forever, and that guarantee is hereby solemnly pledged, of seven millions of acres of land, to be bounded as follows, viz: Commencing at that point on Arkansas River where the Eastern Choctaw boundary line strikes said River, and running thence with the Western line of Arkansas, as defined in the foregoing article, to the South-West corner of Missouri, and thence with the Western boundary line of Missouri till it crosses the waters of Neasho, generally called Grand River, thence due West to a point from which a due South course will strike the present North West corner of Arkansas Territory, thence continuing due South, on and with the present Western boundary line of the Territory to the main branch of Arkansas River, thence down said River to its junction with the Canadian River, and thence up and between the said Rivers Arkansas and Canadian, to a point at which a line running North and South from River to River, will give the aforesaid seven millions of acres. In addition to the seven millions of acres thus provided for, and bounded, the United States further guarantee to the Cherokee Nation a perpetual outlet, West, and a free and unmolested use of all the Country lying West of the Western boundary of the above described limits, and as far West as the sovereignty of the United States, and their right of soil extend.
All 7 (100%) Signatories Are Lower Town Chickamauga;
• Chief Black Fox – Died in 1811
• Thomas Graves not a Chickamauga Chief,
• George Guess – Sequoyah not a Chickamauga Chief; Signature in syllabary does not match name
• Thomas Maw not a Chickamauga Chief at the time of signing, Signature in syllabary does not match name
• George Marvis not a Chickamauga Chief at the time of signing – Claims to have been made Chief in 1830,
• John Looney not a Chickamauga Chief at the time of signing – Voted as the last “Western Cherokee” Chief in 1838 after Chief John Jolly, who did not sign,
• John Rogers Jr. not a Chickamauga Chief at the time of signing but became a Chief in 1839 and was deposed by John Ross in 1839.
1833 7 Stat. 414
ARTICLE I.
The United States agree to possess the Cherokees, and to guarantee it to them forever
All 4 (100%) Signatories are Lower Town Chickamauga
John Jolly, Black Coat, John Rogers, Glass
1835 7 Stat. 474
ARTICLE 1.
There shall be perpetual peace and friendship between all the citizens of the United States of America, and all the individuals composing the Comanche and Witchetaw nations and their associated bands or tribes of Indians, and between these nations or tribes and the Cherokee, Muscogee, Choctaw, Osage, Seneca and Quapaw nations or tribes of Indians.
All 2 (100%) Signatories are Lower Town Chickamauga;
Dutch, David Melton
1835 7 Stat 478
ARTICLE 1
The Cherokee nation
ARTICLE 2
Whereas by the treaty of May 6th 1828 and the supplementary treaty thereto of Feb. 14th 1833 with the Cherokees west of the Mississippi the United States guarantied and secured to be conveyed by patent, to the Cherokee nation of Indians
All 20 (100%) Signatories Are Lower Town Chickamauga;
Major Ridge, James Foster, Tesa-ta-esky, Charles Moore, George Chambers, Tah-yeske, Archilla Smith, Andrew Ross, William Lassley, Cae-te-hee, Te-gah-e-ske, Robert Rogers, John Gunter, John A. Bell, Charles F. Foreman, William Rogers, George W. Adair, Elias Boudinot, James Starr, Jesse Half-breed,
1835 7 Stat 487
Whereas the western Cherokees have appointed a delegation to visit the eastern Cherokees
All 2 (100%) Signatories Are Lower Town Chickamauga;
James Rogers, John Smith.
1836 7 Stat 488 (Addendum to 7 Stat. 474)
ARTICLE 1.
It is therefore agreed that all the pre-emption rights and reservations provided for in articles 12 and 13 shall be and are hereby relinquished and declared void.
All 20 (100%) Signatories Are Lower Town Chickamauga;
Major Ridge, James Foster, Tah-ye-ske, Long Shell Turtle, John Fields, James Fields, George Welch, Andrew Ross, William Rogers, John Gunter, John A. Bell, Jos. A. Foreman, Robert Sanders, Elias Boudinot, Johnson Rogers, James Starr, Stand Watie, John Ridge, James Rogers, John Smith,
TREATIES WITH FOREIGN NATIONS
Treaties with England (15)
• Treaty of 1684 with the British Colony of South Carolina;
• Treaty of 1721 with the British Colony of South Carolina;
• Treaty of 1730 with the British Colony of North Carolina;
• Treaty of 1730 with the King of England;
• Treaty of 1755 with the British Colony of South Carolina;
• Treaty of 1756 with the British Colony of Virginia;
• Treaty of 1756 with the British Colony of North Carolina;
• Treaty of 1761 with the British Colony of Virginia;
• Treaty of 1761 with the British Colony of South Carolina;
• Treaty of 1763 with British Five Lower Colonies;
• Treaty of 1768 of Hard Labour with the British Colony of Virginia;
• Treaty of 1770 of Lochaber with British Colonies;
• Treaty of 1772 with the British Colony of Virginia;
• Treaty of 1773 of Agusta with British Colonies
• Treaty of 1777 of Dewitt’s Corner with the British Colony of South Carolina
Treaties with Spain (3)
• Treaty of 1792 in Pensacola with Spain
• Treaty of 1792 in Walnut Hills with Spain
• Treaty of 1793 with Spain
Treaties with Mexico (3)
• Treaty of 1822 of San Antonio de Bexar with the Empire of Mexico
• Treaty of 1826 of Union, League, and Confederation with the Republic of Mexico
• Treaty of Guadeloupe Hildago
Treaties with Republic of Texas (3)
• Treaty of 1836 of Bowles Village with the Republic of Texas
• Treaty of 1843 of Bird’s Fort with the Republic of Texas
• Treaty of 1844 with the Republic of Texas
THE CHICKAMAUGA NATION AND THE UNITED STATES COURTS
While it is self-evident in Statute and Code, as well as Supreme Court and Federal Court rulings, that the Chickamauga Nation is a Federally Recognized Tribe, the Chickamauga Nation must seek every possible avenue to remedy its treatment by the Executive and Legislative branches of the United States. We will explore every option guaranteed to us in Treaty and the Constitution to protect and defend the government and Citizens of The Chickamauga Nation.
McGirt v Oklahoma July 9, 2020, United States Supreme Court No. 18–9526 – This case rests solely upon Congressional Acts dealing with Tribes and their Reservation lands. The Court upheld that Congress alone has the authority to terminate Tribes and remove reservation status from lands legislatively. It also reaffirms Full Faith and Credit between Tribes' Laws and their court cases with the US government.
Pages 36 – 37 Chief Justice Roberts Dissent – In addition to undermining state authority, reservation status adds an additional, complicated layer of governance over the massive territory here, conferring on tribal government power over numerous areas of life—including powers over non-Indian citizens and businesses. Under our precedents, tribes may regulate non-Indian conduct on reservation land, so long as the conduct stems from a “consensual relationship with the tribe or its members” or directly affects “the political integrity, the economic security, or the health or welfare of the tribe.” Montana v. United States, 450 U. S. 544, 565–566 (1981); see Cohen §6.02(2)(a), at 506–507. Tribes may also impose certain taxes on non-Indians on reservation land, see Kerr-McGee Corp. v. Navajo Tribe, 471 U. S. 195, 198 (1985), and in this litigation, the Creek Nation contends that it retains the power to tax nonmembers doing business within its borders. Brief for Muscogee (Creek) Nation as Amicus Curiae 18, n. 6. No small power, given that those borders now embrace three million acres, the city of Tulsa, and hundreds of thousands of Oklahoma citizens. Recognizing the significant “potential for cost and conflict” caused by its decision, the Court insistsany problems can be ameliorated if the citizens of Oklahoma just keep up the “spirit” of cooperation behind existing intergovernmental agreements between Oklahoma and the Five Tribes. Ante, at 41. But those agreements are small potatoes compared to what will be necessary to address the disruption inflicted by today’s decision. (See Appendix M) https://www.chickamauganation.com/post/jimcy-mcgirt-petitioner-v-oklahoma-no-18-9526-2020
Montana v. United States March 24, 1981, United States Supreme Court 450 U.S. 544 (1981) No. 79-1128 – Page 450 U. S. 545 - 2. Although the Tribe may prohibit or regulate hunting or fishing by nonmembers on land belonging to the Tribe or held by the United States in trust for the Tribe, it has no power to regulate non-Indian fishing and hunting on reservation land owned in fee by nonmembers of the Tribe. Pp. 450 U. S. 557-567
Page 450 U. S. 549 - "[i]mplicit in the Supreme Court's decision in Oliphant [v. Suquamish Indian Tribe, 435 U. S. 191] is the recognition that Indian tribes do not have the power, nor do they have the authority, to regulate non-Indians unless so granted by an act of Congress."
Page 450 U. S. 550 - 457 F. Supp. at 609. Because no treaty or Act of Congress gave the Tribe authority to regulate hunting or fishing by non-Indians, the court held that the Tribe could not exercise such authority except by granting or withholding authority to trespass on tribal or Indian land. All other authority to regulate non-Indian hunting and fishing resided concurrently in the State of Montana and, under 18 U. S. C. §1165 (which makes it a federal offense to trespass on Indian land to hunt or fish without permission), the United States.
Page 450 U. S. 557 - Though the parties in this case have raised broad questions about the power of the Tribe to regulate hunting and fishing by non-Indians on the reservation, the regulatory issue before us is a narrow one. The Court of Appeals held that the Tribe may prohibit nonmembers from hunting or fishing on land belonging to the Tribe or held by the United States in trust for the Tribe, 604 F.2d at 1165-1166, and with this holding we can readily agree. We also agree with the Court of Appeals that, if the Tribe permits nonmembers to fish or hunt on such lands, it may condition their entry by charging a fee or establishing bag and creel limits. Ibid. What remains is the question of the power of the Tribe to regulate non-Indian fishing and hunting on reservation land owned in fee by nonmembers of the Tribe. The Court of Appeals held that, with respect to fee-patented lands, the Tribe may regulate, but may not prohibit, hunting and fishing by nonmember resident owners or by those, such as tenants or employees, whose occupancy is authorized by the owners. Id. at 1169. The court further held that the Tribe may totally prohibit hunting and fishing on lands within the reservation owned by non-Indians who do not occupy that land. Ibid.
The Court of Appeals found two sources for this tribal regulatory power: the Crow treaties, "augmented" by 18 U.S.C. § 1165, and "inherent" Indian sovereignty. We believe that neither source supports the court's conclusion.
(See Appendix N) https://www.chickamauganation.com/post/montana-v-united-states-450-us-544-1981-us-supreme-court
LOPER BRIGHT ENTERPRISES ET AL. v. RAIMONDO, SECRETARY OF COMMERCE, ET AL. – CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT – No. 22–451. Argued January 17, 2024—Decided June 28, 2024 - “Held: The Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous;
Chevron is overruled.”
Chief Justice John Roberts: “Chevron is overruled. Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority, as the APA requires. Careful attention to the judgment of the Executive Branch may help inform that inquiry. And when a particular statute delegates authority to an agency consistent with constitutional limits, courts must respect the delegation, while ensuring that the agency acts within it. But courts need not and under the APA may not defer to an agency interpretation of
the law simply because a statute is ambiguous.” This case cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their interpretation of ambiguous laws. It overturns Chevron v. Natural Resources Defense Council, which gave rise to the doctrine known as the Chevron doctrine. Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable. However, Chief Justice John Roberts, the justices rejected that doctrine, calling it “fundamentally misguided.”
The BIA no longer has the regulatory authority to place Federally Recognized Tribes on the List subjectively. All federally recognized Tribes must be placed on the List in accordance with [Public Law 103-454 Section 103-(7) The Federally Recognized Indians List Act of 1994], [48 Statute 984 Section (19) Indian Reorganization Act], [25 USC Chapter 15, Subchapter 1 §1301 (1) Indian Civil Right Act of 1968] or the Secretary of the Interior and all employees of the BIA are in violation of the Civil Rights of every Citizen of all Federally Recognized Tribes not on the List.
(See Appendix O) https://www.chickamauganation.com/post/loper-bright-enterprises-et-al-v-raimondo-secretary-of-commerce-et-al-no-22-451-decided-june-28-2024-us-supreme-court
Carcieri v. Salazar 555 US 379: No 07-526 (2009):
The Supreme Court clarified the meaning of “Now under Federal Jurisdiction” as referring to Tribes under federal jurisdiction at the time of the IRA’s enactment in 1934. This interpretation underscores the historical context of the IRA and supports the inclusion of Tribes under federal jurisdiction at the time. Historical records show that The Chickamauga Nation was under federal jurisdiction in 1934, further affirming its eligibility as being recognized under the IRA.
(See Appendix P) https://www.chickamauganation.com/post/carcieri-v-salazar-555-us-379-2009
United States v. Jicarilla Apache Nation, 131 S. Ct. 2313, 2324-25 (2011): The U.S. Supreme Court has repeatedly opined on the meaning of the United States' trust responsibility. Most recently, in 2011, in United States v. Jicarilla, the Supreme Court recognized the existence of the trust relationship and noted that the "Government, following 'a humane and self-imposed policy ... has charged itself with moral obligations of the highest responsibility and trust,' obligations 'to the fulfillment of which the national honor has been committed.'" The Court further explained that "Congress has expressed this policy in a series of statutes that have defined and redefined the trust relationship between the United States and the Indian tribes. In some cases, Congress established only a limited trust relationship to serve a narrow purpose. In other cases, we have found that particular 'statutes and regulations ... clearly establish fiduciary obligations of the Government' in some areas. Once federal law imposes such duties, the common law 'could play a role.' But the applicable statutes and regulations 'establish [the] fiduciary relationship and define the contours of the United States' fiduciary responsibilities."' United States v. Jicarilla Apache Nation, 131 S. Ct. 2313, 2324-25 (2011) (internal citations omitted).
While the Court has ruled that the United States' liability for breach of trust may be limited by Congress, it has also concluded that certain obligations are so fundamental to the role of a trustee that the United States must be held accountable for failing to conduct itself in a manner that meets the standard of a common law trustee. "This is so because elementary trust law, after all, confirms the commonsense assumption that a fiduciary actually administering trust property may not allow it to fall into ruin on his watch. 'One of the fundamental common-law duties of a trustee is to preserve and maintain trust assets."' United States v. White Mountain Apache Tribe, 537 U.S. 465, 475 (2003) (internal citations omitted).
Worchester v. Georgia (1832): In this landmark case, the Supreme Court affirmed the sovereignty of Indian Tribes and the federal government’s obligation to honor treaties made with them. Chief Justice John Marshall famously declared that Tribes were “distinct, independent political communities” capable of managing their internal affairs. This decision underscores the legal significance of treaties in recognizing Tribal sovereignty and rights.
United States v. Kagama (1886): The Supreme Court upheld the federal government’s authority to regulate Tribal affairs and prosecute crimes committed by Indians on reservations. While affirming Tribal sovereignty, the Court recognized the federal government’s trust responsibility towards Tribes and its power to enact laws affecting Indian nations.
Montoya v US 180 U.S. 261 (1901) No. 43 - Decided February 11, 1901: “Upon the foregoing findings of fact, the court finds the ultimate fact, so far as it is a question of fact, that the depredation set forth in finding 3 was committed by Indians belonging to a war party or hostile band, known as Victoria's band, of Apache Indians, which was at and long before that time known and recognized as a band, separate and distinct in its organization and action from the several tribes, then at peace, to which its members had formerly belonged, and that the band as thus constituted was not in amity with the United States at the date of said depredation."
Santa Clara Pueblo v. Martinez (1978): This case affirms the principle of Tribal sovereignty and self-governance. The Court held that Tribes have the inherent authority to regulate their internal affairs, including membership criteria. This decision emphasizes the importance of respecting Tribal autonomy and self-determination.
THE CHICKAMAUGA NATION IS NOT ETHNICALLY CHEROKEE
Distinct Identity from Cherokee: While the Chickamauga share cultural and linguistic ties with the Cherokee Nation, their separate identity is demonstrably clear in the historical record. The Chickamauga are descendants of the Mound Building Culture and the Southeast Ceremonial Complex, while the du Chat Nation, the modern-day Cherokee, are from the Great Lakes region before their migrations southward in the late 1670s and 1680s. Ethnically, the Chickamauga are related to the Choctaw, Chickasaw, Muskogee Creek, Natchez, and Seminole. The Cherokee are ethnically related to the various Tribes of the Iroquoian Confederacy before the 1670s.
The aforementioned treaties consistently distinguish between the two nations when negotiating land cessions and peace agreements. These legal documents serve as primary evidence, superseding arguments based solely on cultural similarities.
Distinguishing from Cherokee: Legal documents like treaties serve as prima facia evidence, superseding arguments based solely on cultural similarities. This distinction aligns with the principles established in Montoya v United States (1901) No. 43 and Tee-Hit-Ton Indians v. United States (1955) 348 U.S. 900.
Drake documented for Congress that the Chickamauga Nation is not part of the Cherokee Nation. (See Appendix Q) https://www.chickamauganation.com/post/treaties-signed-by-the-chiefs-head-men-and-warriors-of-the-chickamauga-nation
The Chickamauga Nation is not part of the Cherokee Nation as documented LCN-Laws of the Cherokee Nation (See Appendix R) https://www.chickamauganation.com/post/laws-of-the-cherokee-nation-making-it-illegal-to-be-outside-of-jurisdiction
The Chickamauga Nation is not part of the Cherokee Nation, as documented by Rennard Strickland (See Appendix S https://www.chickamauganation.com/post/fire-and-spirits-strickland-rennard-1975-law-from-clan-to-court
The Chickamauga Nation is not part of the Cherokee Nation, according to a Federal Lawsuit filed by the Cherokee Nation on July 19, 2019, one day after the National Executive Chief of The Chickamauga Nation met with the Legal Counsel of the Senate Committee on Indian Affairs in Washington, DC. (See Appendix T) www.chickamauganation.com/post/the-lower-towns-are-not-part-of-the-cherokee-nation-according-to-federal-lawsuit-filed-by-the-cherokee-nation-on-july-19-2019
Fire and the Spirits Page 225 – 188. A Resolution passed on October 31, 1829. Provisions relating to Citizens removing to Arkansas: (1) enrolled emigrants shall be treated as noncitizens; (2) sale of property to enrolled emigrants shall exclude seller from right to hold office as well as fine and lashes; (3) enrolled emigrants are intruders and must remove within 15 days. LCN 139-141.
The Constitution and Laws of the Cherokee Nation 1839 – 1851 –
Page 45
Resolved by the National Council, That Alexander Foreman be, and he is hereby appointed and authorized to collect all public papers and records of the Later Western Cherokee Nation, and deliver the same to the National Council at its next session. Approved – JNO Ross.
Fire and Spirits Page 101 – The provisions of Cherokee law that no Indian "shall possess. . . right nor power to dispose of their improvements in any manner whatever to the United States, individual states, nor individual citizens" was intended to exclude Cherokees who had migrated to Arkansas from ownership of property in the "old nation" in Georgia.117 The policy of discouraging migration became so strong that the National Committee and Council enacted a bill providing that "if any citizen of this Nation, shall bind themselves by enrollment or otherwise as emigrants to Arkansas [he] shall forfeit . . . all rights and privileges . . . as citizens of this Nation."118 The social purpose of this act is demonstrated by a decision of the Cherokee Supreme Court in 1830. An old Cherokee named Dark Horse who had four sons provided that each should have a part of the large estate that he had accumulated during his lifetime. However, the court refused to honor the will, which provided for equal distribution of land and divided the property between two sons who remained in the eastern Cherokee lands.119 The court reflected the attitude of Elias Boudinot in a Cherokee Phoenix editorial explaining the relationship with the Western, or Arkansas, Cherokees: "They are our brothers. But they have left us [and] have rights in their own country. They are citizens of another Nation."120
117 LCN 119, also consider LCN 139-140.
118 LCN 139-140.
119 Cherokee Phoenix, March 14, 1830.
120 Ibid., March 18, 1829.
Fire and Spirits Page 87 – Park Hill Press was established by the Chickamauga in 1835. Chickamauga Chief John Jolly signs this document in Tahlonteskee, Indian Territory (Modern Day, Gore, Oklahoma). This, along with thousands of other documents, was stolen from the Chickamauga government by John Ross’ government in 1840.
There are NO Cherokee West of the Mississippi until 1839. Then, they were not given political status by the Indian Removal Act; they were only ethnic Cherokee according to the Laws of the Cherokee Nation, and Chief John Ross admitted their ancient Council Fires were extinguished when they crossed the Mississippi River.
THE CHICKAMAUGA NATION IS POLITICALLY CHEROKEE, ACCORDING TO THE UNITED STATES DEPARTMENT OF INTERIOR
The United States Department of the Interior’s Bureau of Indian Affairs has identified four (4) “Categories” of Cherokee. Politically, The Chickamauga Nation is a Category 4 Cherokee as defined by the Department of the Interior and is Federally Recognized under treaty as politically Cherokee, not ethnically Cherokee.
Congress identifies The Chickamauga Nation as a political, treaty-writing Tribe by identifying them as Cherokee in more than 22 treaties. (See Appendix G) https://www.chickamauganation.com/post/treaties-signed-by-the-chiefs-head-men-and-warriors-of-the-chickamauga-nation
The Department of the Interior lists categories for Cherokee, of which The Chickamauga Nation must be classified as Category 4 as a political entity. (See Appendix W) https://www.chickamauganation.com/post/catagories-of-cherokee-from-the-department-of-interior-website
Agent Stokes recognition of Old Settlers as rightful government – 4-14-1840 - Letter from the Secretary of War, in reply to the resolution of the House of Representatives of the 23d ultimo, respecting the interference of any officer or agent of the government with the Cherokee Indians in the formation of a government for the regulation of their own internal affairs, &c.. – Page 4 – Governor Stokes: Cherokee agent, announced by publication of 11th November, his intention of recognizing "the old Cherokee chiefs and their government," until otherwise instructed.
Are the documents proving The Chickamauga Nation is not part of the Cherokee Nation in the BIA's loss of truckloads of documents, 7,000 cubic feet, in 1972. There can be no Federal Acknowledgement process with all of these documents missing. (See Appendix X) https://www.chickamauganation.com/post/house-hearing-on-seizure-of-bureau-of-indian-affairs-headquarters-7000-cubic-feet-of-missing-records
MISSING RECORDS FROM BIA
https://www.archives.gov/research/native-americans/bia-guide/arkansas.html
https://www.archives.gov/research/native-americans/bia-guide/georgia.html
https://www.archives.gov/research/native-americans/bia-guide/kentucky.html
https://www.archives.gov/research/native-americans/bia-guide/missouri.html
https://www.archives.gov/research/native-americans/bia-guide/south-carolina.html
https://www.archives.gov/research/native-americans/bia-guide/tennessee.html
THE CHICKAMAUGA NATION IS PART OF VARIOUS CONFEDERACIES OF INDIANS
The Chickamauga Nation has been part of various Confederacies since first joining the Iroquoian Confederacy in the mid-1770s to protect itself and other Confederated Tribes from the oversteps of the Colonies of England. Dragging Canoe and his brothers, the Badger and Little Owl, aligned the Chickamauga with the Iroquoian Confederacy, then the Western Confederacy and the United Indian Nations Confederacy. The Chickamauga Nation is still a member of those Confederacies and is committed to the Iroquoian Confederacy Constitution as one of its governing documents.
The Chickamauga Nation is part of the Iroquoian Confederacy as members of the Western Confederacy and the United Indian Nations, as demonstrated in the 1786 Letter to Congress (See Appendix L) https://www.chickamauganation.com/post/a-confederation-of-native-peoples-seek-peace-with-the-united-states-1786
Congress passed H Con Res 331 of the 1988 Iroquoian Constitution and Confederation. CONCURRENT RESOLUTION: To acknowledge the contribution of the Iroquois Confederacy of Nations to the development of the United States Constitution and to reaffirm the continuing government-to-government relationship between the Indian Tribes and the United States established in the Constitution. (See Appendix J) https://www.chickamauganation.com/post/tcn-is-part-of-the-iroquoian-confederacy-in-the-western-confederacy-and-united-indian-nations-confederacy
The Iroquois Confederacy Constitution (See Appendix K) https://www.chickamauganation.com/post/the-iroquoian-confederacy-constitution
Appendices
APPENDIX A
Article VI of the United States Constitution
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
https://www.chickamauganation.com/post/article-vi-of-the-united-states-constitution & https://www.chickamauganation.com/post/public-law-103-454-november-2-1994-108-stat-4791-4792
APPENDIX B
Public Law 103–454 November 2, 1994; 108 Stat. 4791, 4792),
TITLE I—WITHDRAWAL OF ACKNOWLEDGEMENT OR RECOGNITION
SEC. 101. [25 U.S.C. 5101 note] SHORT TITLE.
This title may be cited as the ‘‘Federally Recognized Indian Tribe List Act of 1994’’.
SEC. 102. [25 U.S.C. 5130] DEFINITIONS.
For the purposes of this title:
(1) The term ‘‘Secretary’’ means the Secretary of the Interior.
(2) The term ‘‘Indian tribe’’ means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian tribe.
(3) The term ‘‘list’’ means the list of recognized tribes published by the Secretary pursuant to section 104 of this title.
SEC. 103. [25 U.S.C. 5130 note] FINDINGS.
The Congress finds that—
(1) the Constitution, as interpreted by Federal case law, invests Congress with plenary authority over Indian Affairs;
(2) ancillary to that authority, the United States has a trust responsibility to recognized Indian tribes, maintains a government-to-government relationship with those tribes, and recognizes the sovereignty of those tribes;
(3) Indian tribes presently may be recognized by Act of Congress; by the administrative procedures set forth in part 83 of the Code of Federal Regulations denominated ‘‘Procedures
for Establishing that an American Indian Group Exists as an Indian Tribe;’’ or by a decision of a United States court;
(4) a tribe which has been recognized in one of these manners may not be terminated except by an Act of Congress;
(5) Congress has expressly repudiated the policy of terminating recognized Indian tribes and has actively sought to restore recognition to tribes that previously have been terminated;
(6) the Secretary of the Interior is charged with the responsibility of keeping a list of all federally recognized tribes;
(7) the list published by the Secretary should be accurate, regularly updated, and regularly published, since it is used by the various departments and agencies of the United States to
determine the eligibility of certain groups to receive services from the United States, and
(8) the list of federally recognized tribes which the Secretary publishes should reflect all of the federally recognized Indian tribes in the United States which are eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
SEC. 104. [25 U.S.C. 5131] PUBLICATION OF LIST OF RECOGNIZED TRIBES.
(a) PUBLICATION OF THE LIST.—The Secretary shall publish in the Federal Register a list of all Indian tribes which the Secretary recognizes to be eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(b) FREQUENCY OF PUBLICATION.—The list shall be published within 60 days of enactment of this Act and annually on or before every January 30 thereafter.
TITLE II—CENTRAL COUNCIL OF TLINGIT AND HAIDA INDIAN TRIBES OF ALASKA
SEC. 201. SHORT TITLE.
This title may be cited as the Tlingit and Haida Status Clarification Act".
SEC. 202. FINDINGS.
The Congress finds and declares that—
(1) the United States has acknowledged the Central Council of Tlingit and Haida Indian Tribes of Alaska pursuant to the Act of June 19, 1935 (49 Stat 388, as amended, commonly referred to as the "Jurisdiction Act"), as a federally recognized Indian tribe;
(2) on October 21, 1993, the Secretary of the Interior published a list of federally recognized Indian tribes pursuant to part 83 of title 25 of the Code of Federal Regulations which omitted the Central Council of Tlingit and Haida Indian Tribes of Alaska;
(3) the Secretary does not have the authority to terminate the federally recognized status of an Indian tribe as determined by Congress;
(4) the Secretary may not administratively diminish the privileges and immunities of federally recognized Indian tribes without the consent of Congress; and
(5) the Central Council of Tlingit and Haida Indian Tribes of Alaska continues to be a federally recognized Indian tribe.
SEC. 203. REAFFIRMATION OF TRIBAL STATUS.
The Congress reaffirms and acknowledges that the Central Council of Tlingit and Haida Indian Tribes of Alaska is a federally recognized Indian tribe.
https://www.chickamauganation.com/post/article-vi-of-the-united-states-constitution & https://www.chickamauganation.com/post/public-law-103-454-november-2-1994-108-stat-4791-4792
APPENDIX C
ACT OF JUNE 18, 1934 - (Indian Reorganization Act)
[Chapter 576 of the 73rd Congress, Approved June 18, 1934, 48 Stat. 984, 25 U.S.C. 461 et seq.]
SEC. 19. [25 U.S.C. 5129] The term ‘‘Indian’’ as used in this Act shall include all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction, and all persons who are descendants of such members who were, on June 1, 1934, residing within the present boundaries of any Indian reservation, and shall further include all other persons of one-half or more Indian blood. For the purposes of this Act, Eskimos and other aboriginal peoples of Alaska shall be considered Indians. The term ‘‘tribe’’ wherever used in this Act shall be construed to refer to any Indian tribe, organized band, pueblo, or the Indians residing on one reservation. The words ‘‘adult Indians’’ wherever used in this Act shall be construed to refer to Indians who have attained the age of twenty-one years.
https://www.chickamauganation.com/post/indian-reorganization-act---48-statute-984-section-19
APPENDIX D
Indian Civil Rights Act of 1968
25 USC CHAPTER 15, SUBCHAPTER I: GENERALLY
CHAPTER 15—CONSTITUTIONAL RIGHTS OF INDIANS
SUBCHAPTER I—GENERALLY
§1301. Definitions
For purposes of this subchapter, the term—
(1) "Indian tribe" means any tribe, band, or other group of Indians subject to the jurisdiction of the United States and recognized as possessing powers of self-government;
(2) "powers of self-government" means and includes all governmental powers possessed by an Indian tribe, executive, legislative, and judicial, and all offices, bodies, and tribunals by and through which they are executed, including courts of Indian offenses; and means the inherent power of Indian tribes, hereby recognized and affirmed, to exercise criminal jurisdiction over all Indians;
(Pub. L. 90–284, title II, §201, Apr. 11, 1968, 82 Stat. 77; Pub. L. 101–511, title VIII, §8077(b), (c), Nov. 5, 1990, 104 Stat. 1892.)
https://www.chickamauganation.com/post/indian-civil-rights-act-of-1968---25-usc-chapter-15-subchapter-i-ss1301
APPENDIX E
George Washington’s Fourth Annual Address to Congress on November 6, 1792,
“Fellow-Citizens of the Senate, and of the House of Representatives:
. . . It must add to your concern, to be informed, that besides the continuation of hostile appearances among the tribes North of the Ohio, some threatening symptoms have of late been revived among some of those south of it.
. . . A part of the Cherokees, known by the name of Chickamagas, inhabitating five Villages on the Tennesee River, have been long in the practice of committing depredations on the neighbouring settlements.
. . . It was hoped that the treaty of Holstin, made with the Cherokee nation in July 1791, would have prevented a repetition of such depredations. But the event has not answered this hope. The Chickamagas, aided by some Banditti of another tribe in their vicinity, have recently perpetrated wanton and unprovoked hostilities upon the Citizens of the United States in that quarter. The information which has been received on this subject will be laid before you. Hitherto defensive precautions only have been strictly enjoined and observed.”
https://www.chickamauganation.com/post/chickamauga-recognized-in-george-washingtons-fourth-annual-address-to-congress
APPENDIX F
George Washington to the Senate and the House of Representatives 1792-11-28 for the Congress to determine War of Peace with the Chickamauga.
“I now lay before you, for your further information, some additional advices lately received, on the subject of the hostilities committed by the Chuckamogga towns, or under their name and guidance.
The importance of preventing this hostile spirit from spreading to other tribes, or other parts of the same tribe of Indians, a considerable military force actually embodied in their neighborhood, and the advanced state of the season, are circumstances which render it interesting that this subject should obtain your earliest attention.”
https://www.chickamauganation.com/post/george-washing-letter-to-congress-to-discuss-war-and-peace-with-the-chickamauga
APPENDIX G
Treaties Signed by the Chiefs, Head Men, and Warriors of The Chickamauga Nation
333 of the 364 (91.5%) Signatories on the more than 22 treaties are Lower Town Chickamauga, which places the Chickamauga Nation under Federal Jurisdiction.
1785 7 Stat 18
1791 7 Stat 39
1792 7 Stat 42 (Addendum to 7 Stat 39)
1794 7 Stat 43
1798 7 Statute 62
1804 7 Stat 288
1805 7 Statute 93
1805 7 Statute 95
1806 7 Statute 101
1807 7 Stat 103
1816 7 Stat 138
1816 7 Stat 139
1816 7 Statute 148
1817 7 Statute 156
1819 7 Statute 195
1828 7 Stat. 311
1833 7 Stat. 414
1835 7 Stat. 474
1835 7 Stat 478
1835 7 Stat 487
1836 7 Stat 488 (Addendum to 7 Stat. 474)
https://www.chickamauganation.com/post/treaties-signed-by-the-chiefs-head-men-and-warriors-of-the-chickamauga-nation
TREATIES WITH FOREIGN NATIONS
Treaties with England (15)
• Treaty of 1684 with the British Colony of South Carolina;
• Treaty of 1721 with the British Colony of South Carolina;
• Treaty of 1730 with the British Colony of North Carolina;
• Treaty of 1730 with the King of England;
• Treaty of 1755 with the British Colony of South Carolina;
• Treaty of 1756 with the British Colony of Virginia;
• Treaty of 1756 with the British Colony of North Carolina;
• Treaty of 1761 with the British Colony of Virginia;
• Treaty of 1761 with the British Colony of South Carolina;
• Treaty of 1763 with British Five Lower Colonies;
• Treaty of 1768 of Hard Labour with the British Colony of Virginia;
• Treaty of 1770 of Lochaber with British Colonies;
• Treaty of 1772 with the British Colony of Virginia;
• Treaty of 1773 of Agusta with British Colonies
• Treaty of 1777 of Dewitt’s Corner with the British Colony of South Carolina
Treaties with Spain (3)
• Treaty of 1792 in Pensacola with Spain
• Treaty of 1792 in Walnut Hills with Spain
• Treaty of 1793 with Spain
Treaties with Mexico (3)
• Treaty of 1822 of San Antonio de Bexar with the Empire of Mexico
• Treaty of 1826 of Union, League, and Confederation with the Republic of Mexico
• Treaty of Guadeloupe Hildago
Treaties with the Republic of Texas (3)
• Treaty of 1836 of Bowles Village with the Republic of Texas
• Treaty of 1843 of Bird’s Fort with the Republic of Texas
• Treaty of 1844 with the Republic of Texas
APPENDIX H
Acts of Congress
Public Acts of Congress where the Congress of the United States either Paid Annuities to the Lower Town Chickamauga, paid for Wars Against the Chickamauga, or Paid Pensions to Soldiers Who Committed Genocide Against the Chickamauga.
https://www.chickamauganation.com/post/chickamauga-on-the-federal-list---public-acts-of-congress
APPENDIX I
Pensioner Applications and Payments Congress Paid to Commit Genocide and Ethnic Cleansing Against the Chickamauga
List of 98 Pages of Pensioner Applications and Payments Congress Paid to Commit Genocide and Ethnic Cleansing Against the Chickamauga
https://www.chickamauganation.com/post/chickamauga-on-the-federal-list---congress-paid-pensioners-to-commit-genocide-against-chickamauga
APPENDIX J
Congress passed H Con Res 331 of the 1988 Iroquoian Constitution and Confederation. CONCURRENT RESOLUTION: To acknowledge the contribution of the Iroquois Confederacy of Nations to the development of the United States Constitution and to reaffirm the continuing government-to-government relationship between the Indian Tribes and the United States established in the Constitution.
https://www.chickamauganation.com/post/tcn-is-part-of-the-iroquoian-confederacy-in-the-western-confederacy-and-united-indian-nations-confederacy
APPENDIX K
IROQUOIS CONFEDERACY CONSTITUTION
THE CONSTITUTION OF THE IROQUOIS NATIONS:
THE GREAT BINDING LAW, GAYANASHAGOWA
1. I am Dekanawidah and with the Five Nations' Confederate Lords I plant the Tree of Great Peace. I plant it in your territory, Adodarhoh, and the Onondaga Nation, in the territory of you who are Firekeepers. I name the tree the Tree of the Great Long Leaves. Under the shade of this Tree of the Great Peace we spread the soft white feathery down of the globe thistle as seats for you, Adodarhoh, and your cousin Lords. We place you upon those seats, spread soft with the feathery down of the globe thistle, there beneath the shade of the spreading branches of the Tree of Peace. There shall you sit and watch the Council Fire of the Confederacy of the Five Nations, and all the affairs of the Five Nations shall be transacted at this place before you, Adodarhoh, and your cousin Lords, by the Confederate Lords of the Five Nations.
. . . .
117. Three strings of shell one span in length shall be employed in addressing the assemblage at the burial of the dead. The speaker shall say:
"Hearken you who are here, this body is to be covered. Assemble in this place again ten days hence for it is the decree of the Creator that mourning shall cease when ten days have expired. Then shall a feast be made."
Then at the expiration of ten days the speaker shall say: "Continue to listen you who are here. The ten days of mourning have expired and your minds must now be freed of sorrow as before the loss of a relative. The relatives have decided to make a little compensation to those who have assisted at the funeral. It is a mere expression of thanks. This is to the one who did the cooking while the body was lying in the house. Let her come forward and receive this gift and be dismissed from the task." In substance this shall be repeated for every one who assisted in any way until all have been remembered.
https://www.chickamauganation.com/post/the-iroquoian-confederacy-constitution
APPENDIX L
A Confederation of Native Peoples Seek Peace with the United States, 1786
In 1786, half a year before the Constitutional Convention, a collection of Native American leaders gathered on the banks of the Detroit River to offer a unified message to the Congress of the United States. Despite this proposal, American surveyors, settlers, and others continued to cross the Ohio River.
Speech of the United Indian Nations, at their Confederate Council held near the mouth of the Detroit River between the 28th November and 18th December, 1786
Present The Five Nations, the Hurons, Delewares, Shawnese, Ottawas, Chippewas, Pottawatomies, Twichtwees, Cherokees, and the Wabash Confederated
To the Congress of the United States of America
. . . .
Done at our Confederate Council Fire at the Huron Village, near the mouth of the Detroit River December 18, 1786
The Five Nations
Cherokee
Huron
Shawnee
Delaware
Ottawa
Pottawattomi
Twitchee
Joseph Brant
The Wabash Confederation
Speech of the United Indian Nations at their Confederate Council; 12/18/1786; Letters from Major General Henry Knox, Secretary at War; Papers of the Continental Congress, 1774 – 1789; Records of the Continental and Confederation Congresses and the Constitutional Convention, Record Group 360; National Archives Building, Washington, DC.
https://www.chickamauganation.com/post/a-confederation-of-native-peoples-seek-peace-with-the-united-states-1786
APPENDIX M
JIMCY MCGIRT PETITIONER v. OKLAHOMA No 18-9526 (2020) - This case rests solely upon Congressional Acts dealing with Tribes and their Reservation lands. The Court upheld that Congress alone has the authority to terminate Tribes and remove reservation status from lands legislatively. It also reaffirms Full Faith and Credit between Tribes' Laws and their court cases with the US government.
https://www.chickamauganation.com/post/jimcy-mcgirt-petitioner-v-oklahoma-no-18-9526-2020
APPENDIX N
Montana v United States 450 US 544 (1981) US Supreme Court - In this case, the Court clarified the limits of Tribal jurisdiction over non-members. While reaffirming Tribal sovereignty, the Court established that Tribes retain inherent power over their lands and members but may only exercise jurisdiction over non-members in limited circumstances. This decision highlights the delicate balance between Tribal sovereignty and external regulation.
https://www.chickamauganation.com/post/montana-v-united-states-450-us-544-1981-us-supreme-court
APPENDIX O
LOPER BRIGHT ENTERPRISES ET AL v RAIMONDO SECRETARY OF COMMERCE ET AL No 22–451 Decided June 28, 2024, US Supreme Court - This case cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their interpretation of ambiguous laws. It overturns Chevron v. Natural Resources Defense Council, which gave rise to the doctrine known as the Chevron doctrine. Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable. However, Chief Justice John Roberts, the justices rejected that doctrine, calling it “fundamentally misguided.”
https://www.chickamauganation.com/post/loper-bright-enterprises-et-al-v-raimondo-secretary-of-commerce-et-al-no-22-451-decided-june-28-2024-us-supreme-court
APPENDIX P
Carcieri v. Salazar 555 US 379: No 07-526 (2009) - The Supreme Court clarified the meaning of “Now under Federal Jurisdiction” as referring to Tribes under federal jurisdiction at the time of the IRA’s enactment in 1934. This interpretation underscores the historical context of the IRA and supports the inclusion of Tribes under federal jurisdiction at the time. Historical records show that The Chickamauga Nation was under federal jurisdiction in 1934, further affirming its eligibility as being recognized under the IRA
https://www.chickamauganation.com/post/carcieri-v-salazar-555-us-379-2009
APPENDIX Q
Congress Legally Informed through Statute of Two Different Tribes
Drake, Samuel G.; (1837): Biography and History of the Indians of North America: From its First Discovery to the Present Time, Antiquarian Institute, Boston.
Entered according to Act of Congress, in the year 1836, by Josiah Drake, In the Clerk’s Office of the District Court of Massachusetts
Table of Principal Tribes:
Chickamaugas, on the Tennessee, 90 miles below the Cherokees, many years since broken from them, under the Chief, Dragomono
https://www.chickamauganation.com/post/treaties-signed-by-the-chiefs-head-men-and-warriors-of-the-chickamauga-nation
APPENDIX R
Laws of the Cherokee Nation Forbid Citizenship and Lands Rights to anyone removing themselves from the limits of the Cherokee Nation
Whereas fifty-four towns and villages have convened in order to deliberate and consider on the situation of our Nation, in the disposition of our common property of lands, without the unanimous consent of the members of the Council, and in order to obviate the evil consequences resulting in such course, we have unanimously adopted the following form for the future government of our Nation.
ART. 1st. It is unanimously agreed that there shall be thirteen members elected as a Standing Committee for the term of two years, at the end of which term they shall be either re-elected or others; and in consequence of the death or resignation of any of said Committee, our head Chiefs shall elect another to fill the vacancy.
ART. 2d. The affairs of the Cherokee Nation shall be committed to the care of the Standing Committee; but the acts of this body shall not be binding on the Nation in our common property and without the unanimous consent of the members and Chiefs of the Council, which they shall present for their acceptance or dissent.
ART. 3d. The authority and claim of our common property shall cease with the person or persons who shall think proper to remove themselves without the limits of the Cherokee Nation.
ART. 4th. The improvements and labors of our people by be inviolate during the time of their occupancy. ART. 5th. This Committee shall settle with the Agency for our annual stipend, and report their proceedings to the members and Chiefs in Council; but the friendly communications between our head Chiefs and the Agency shall remain free and open. ART. 6th. The above articles for our government, may be amended at our electional term, and the Committee is hereby required to be governed by the above articles, and the Chiefs and Warriors in Council, unanimously pledge themselves to observe strictly the contents of the above articles.—
Whereunto we have set our hands and seals at Amoah, this 6th day of May, one thousand eight hundred and seventeen.
Approved in Council, on the day and date above written. EILNAUTAUNAUEH,
Speaker of the Council.
Approved of the within government by the head Chief,
PATH KILLER.
A. McCoy, Sec'y to the Council.
CHAS. HICKS.
APPENDIX S
Strickland, Rennard; (1975): Fire and the Spirits: Law from Clan to Court, University of Oklahoma Press, Norman. Page 101
The provisions of Cherokee law that no Indian "shall possess ... right nor power to dispose of their improvements in any manner whatever to the United States, individual states, nor individual citizens" was intended to exclude Cherokees who had migrated to Arkansas from ownership of property in the "old nation" in Georgia.117 (Suggested by Cherokee Law. LCN 57). The policy of discouraging migration became so strong that the National Committee and Council enacted a bill providing that "if any citizen of this Nation, shall bind themselves by enrollment or otherwise as emigrants to Arkansas [he] shall forfeit ... all rights and privileges ... as citizens of this Nation."118 (LCN 119, also consider LCN 139 – 140). The social purpose of this act is demonstrated by a decision of the Cherokee Supreme Court in 1830. An old Cherokee named Dark Horse who had four sons provided that each should have a part of the large estate that he had accumulated during his lifetime. However, the court refused to honor the will, which provided for equal distribution of land and divided the property between two sons who remained in the eastern Cherokee lands.119 (Cherokee Phoenix March 14, 1830). The court reflected the attitude of Elias Boudinot in a Cherokee Phoenix editorial explaining the relationship with the Western, or Arkansas, Cherokees: "They are our brothers. But they have left us [and] have rights in their own country. They are citizens of another Nation."120 (Cherokee Phoenix March 14, 1829)
https://www.chickamauganation.com/post/fire-and-spirits-strickland-rennard-1975-law-from-clan-to-court
APPENDIX T
Cherokee Nation Federal lawsuit states the Lower Towns are not the Cherokee Nation. ITEM 22. The fifth treaty between the Nation and the United States is the Treaty of Tellico Blockhouse, (Nov. 8, 1794). It is a peace treaty between the United States and Lower Cherokee, which ended the Chickamauga wars and restated boundaries from the Holston Treaty, which were never fully ascertained. The Cherokee Nation of Oklahoma testified in Federal Court that they were not the signatories of the Tellico Blockhouse Treaty.
George Washington’s Fourth Annual Address to Congress had already established the Chickamauga as a separate people group from the Cherokee Nation.
www.chickamauganation.com/post/the-lower-towns-are-not-part-of-the-cherokee-nation-according-to-federal-lawsuit-filed-by-the-cherokee-nation-on-july-19-2019
APPENDIX U
Category 4
Information about Indian ancestry of individuals in this category of Cherokees is more difficult to locate. This is primarily because the federal government has never maintained a list of all the persons of Cherokee Indian descent, indicating their tribal affiliation, degree of Indian blood or other data. In order to establish Cherokee ancestry you should use the same methods prescribed in "Indian Ancestry" and "Genealogical Research" material. - https://www.doi.gov/tribes/cherokee
APPENDIX V
AIM's Takeover of the BIA Building in November of 1972 Leaves Questions as to the Authenticity and Accuracy of BIA Records
The New York Times reported that eight truckloads of documents, 7,000 cubic feet, were removed from the BIA Building. Who is to say that these documents were or were not related to the archaeology and history of The Chickamauga Nation? Since the documents are not accounted for, who can legally demonstrate the authenticity and accuracy of the List?
MISSING RECORDS FROM BIA
https://www.archives.gov/research/native-americans/bia-guide/arkansas.html
https://www.archives.gov/research/native-americans/bia-guide/georgia.html
https://www.archives.gov/research/native-americans/bia-guide/kentucky.html
https://www.archives.gov/research/native-americans/bia-guide/missouri.html
https://www.archives.gov/research/native-americans/bia-guide/south-carolina.html
https://www.archives.gov/research/native-americans/bia-guide/tennessee.html
APPENDIX W
The Department of Interior lists categories for Cherokee, of which The Chickamauga Nation must be classified as Category 4 as a political entity.
Category 4 - Information about Indian ancestry of individuals in this category of Cherokees is more difficult to locate. This is primarily because the federal government has never maintained a list of all the persons of Cherokee Indian descent, indicating their tribal affiliation, degree of Indian blood or other data. In order to establish Cherokee ancestry you should use the same methods prescribed in "Indian Ancestry" and "Genealogical Research" material. (Reference directories " INDIAN ANCESTRY" and " GENEALOGICAL RESEARCH")
https://www.chickamauganation.com/post/catagories-of-cherokee-from-the-department-of-interior-website