The Chickamauga Nation IS A Federally Recognized Tribe According to 25 U.S.C. 461 SEC. 19 and the Supreme Court
In accordance with the Act of June 18, 1934 – (Indian Reorganization Act) Chapter 576 of the 73rd Congress, as 48 Stat. 984, and 25 U.S.C. 461 SEC. 19, The Chickamauga Nation is a Federally Recognized Tribe since it was under the jurisdiction of the United States at the time of the passage of the IRA. As a Sovereign Treaty Tribe, Tribal Sovereignty has never been divested by Congress in unequivocal terms, is shielded from state intrusion, remains intact even if not affirmatively exercised, and only Congress may diminish tribal sovereignty but only after adjudicated by the courts and not an agency including the Department of Interior or the BIA.As a Sovereign Treaty Tribe, Tribal Sovereignty has never been divested by Congress in unequivocal terms, is shielded from state intrusion, remains intact even if not affirmatively exercised, and only Congress may diminish tribal sovereignty but only after adjudicated by the courts and not an agency including the Department of Interior or the BIA.
In Accordance with 25 USC Chapter 15 Subchapter I, Constitutional Rights of Indians (Indian Civil Rights Act). The Chickamauga Nation is a Federally Recognized Tribe since it was under the jurisdiction of the United States and recognized as possessing powers of self-government. As a Sovereign Treaty Tribe, Tribal Sovereignty has never been divested by Congress in unequivocal terms, is shielded from state intrusion, remains intact even if not affirmatively exercised, and only Congress may diminish tribal sovereignty but only after adjudicated by the courts and not an agency including the Department of Interior or the BIA.
2009, February 24: CARCIERI v SALAZAR 555 US 379: No. 07-526. Justice Thomas’ opinion is clear, “Because the term “now under federal jurisdiction” in §479 unambiguously refers to those tribes that were under federal jurisdiction when the IRA was enacted in 1934, and because the Narragansett Tribe was not under federal jurisdiction in 1934, the Secretary does not have the authority to take the 31-acre parcel into trust. Pp. 7–16.
(a) When a statute’s text is plain and unambiguous, United States v. Gonzales, 520 U. S. 1, 4, the statute must be applied according to its terms, see, e.g., Dodd v. United States, 545 U. S. 353, 359. Here, whether the Secretary has authority to take the parcel into trust depends on whether the Narragansetts are members of a “recognized Indian Tribe now under Federal jurisdiction,” which, in turn, depends on whether “now” refers to 1998, when the Secretary accepted the parcel into trust, or 1934, when Congress enacted the IRA. The ordinary meaning of “now,” as understood at the time of enactment, was at “the present time; at this moment; at the time of speaking.” That definition is consistent with interpretations given “now” by this Court both before and after the IRA’s passage. See e.g., Franklin v. United States, 216 U. S. 559, 569; Montana v. Kennedy, 366 U. S. 308, 310–311. It also aligns with the word’s natural reading in the context of the IRA.
. . . We agree with petitioners and hold that, for purposes of §479, the phrase “now under Federal jurisdiction” refers to a tribe that was under federal jurisdiction at the time of the statute’s enactment.”
The IRA applies to The Chickamauga Nation since the Tribe was under federal jurisdiction at the time the Act was passed. This is demonstrated in the following: First, George Washington’s Fourth Annual Address to Congress in November of 1792 specifically addresses the Chickamauga as Lower Town Cherokee. Second, the Lower Town Chickamauga began signing treaties in 1785 and have signed more than 22 treaties with the United States. Third, the signatories on the Treaties are historically identified as Lower Town Cherokee/Chickamauga. Fourth, the 1785 treaty specifically say to “all of the Cherokees” and places all the signatories under the jurisdiction of the Untied States. Fifth, the Commissioners at the signing of the treaty of 1785 discuss over 5,000 people being present at the signing and that the treaty was inclusive of those in attendance who were from many different tribes but had only one thing in common, the spoke the Cherokee Trade Language.
While it is understandable that few people outside of Native American Tribes understand the implication of the Indian Reorganization Act and its implications on federal recognition, The Chickamauga Nation does understand the Law and Supreme Court rulings demonstrating the federal recognition of The Chickamauga Nation.
The sovereign Tribal status extends back to time in memorial and has never been extinguished by the United States Congress. The Congress in enacting the IRA further enumerated the federal recognition of which The Chickamauga Nation which is now exercising its rights and privileges under the IRA to establish continued tribal authority in the 21st Century. The Chickamauga Nations has assembled a team of academic scholars and researchers to compile the history, archaeology, anthropology, and architecture, from various entities of the National Archives. The Chickamauga Nation is now in possession of more than 700,000 pages of academically authenticated research providing over 2,000 years of history relating to our being on the continent from time in memorial.
We therefore respectfully request the United States government to review the information included and provide the due diligence necessary to reconsider placing THe Chickamauga on the List of Tribes eligible for Services and Benefits. We know that most people go to the BIA List as the final answer to this issue, but the BIA is an agency and not Congress and the Congress recognized The Chickamauga Nation in the Indian Reorganization Act of 1934 and has not rescinded that recognition therefore we are a federally recognized, sovereign treaty tribe.
(C) This document was produced at the request of the Senate Committee on Indian Affairs on July 18, 2019, to document the History, Anthropology, Culture, Religion, and Archaeology of The Chickamauga Nation.