I am sorry I have to announce today that The Chickamauga Nation is under advisement to not perform the Ghost Dance within the United States of America because to do so would be in violation of numerous Federal Statutes which can result in fines and imprisonment. It is therefore the duty of the Chiefs of The Chickamauga Nation to not encourage our Citizens to participate in illegal activities.
A determination has been made that to pursue the Ghost Dance will be in violation of Federal Law. In 1883, the United States government made it illegal for The Chickamauga Nation and all Indians to practice their religion, perform ceremonies, or dance. This is called the Rules governing the Court of Indian Offenses issued by the Department of Interior, Office of Indian Affairs, in Washington DC, on March 30, 1883.
This Act was repealed almost 100 years later in 1978 by the American Indian Freedom of Religion Act, which specifically grants American Indians the “right” to practice their religion, perform ceremonies, and dance.
Unfortunately, the 1978 American Indian Freedom of Religion Act was amended in 1996 [Public Law 95–341, Approved August 11, 1978, 92 Stat. 469, 42 U.S.C. 1996 et seq.]. A new definition for Indian replaced the previous definition of Indian. The old definition allowed all Indians to have Freedom of Religion. The 1996 definition as amended only allows Indians on the List of Federally Recognized Tribes who have been determined eligible to receive benefits and services from the BIA.
This definition comes from the 1994 statute P.L. 103-454—NOV. 2,1994 (Federally Recognized Tribes List Act) redefined the term Indian and Indian Tribe. This redefinition excluded The Chickamauga Nation and any other Tribe not on the List from being included in the American Indian Freedom of Religion Act of 1978, thus making it illegal once again for The Chickamauga Nation to practice its religion, perform ceremonies, or dance.
Additionally, 42 U.S.C. United States Code, 2010 Edition Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 21 - CIVIL RIGHTS SUBCHAPTER I – GENERALLY Sec. 1996 - Protection and preservation of traditional religions of Native Americans. Section 2 of this Statute provides for American Indians to have access to their sacred sites to practice its religion and perform ceremonies. However, the definition of Indian is the 1994 P.L. 103-454 (Federally Recognized Tribes List Act) is used as the definition for this statute making it illegal for The Chickamauga Nation to access our Sacred Sites to practice our religion or perform ceremonies, like the Ghost Dance.
Not only are we legally forbidden from practicing our religion and performing ceremonies or accessing our sacred sites, we are also legally forbidden by P.L. 101-601 101St Congress
Native American Graves Protection and Repatriation Act access to our items while other tribes can claim our ancestral items and artifacts. The 1990 NAGRPA sets the definition of Indian with the P.L. 103-454 of 1994 Federally Recognized Tribes List Act definition which excludes The Chickamauga Nation from the protection of our Ancestors graves and repatriation.
In 25 U.S.C. CHAPTER 15—CONSTITUTIONAL RIGHTS OF INDIANS, the definition for an Indian Tribe is: ““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;” In 7 Statute 18, the Treaty of 1785, Article III States: “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.” Therefore, by Statute, The Chickamauga Nation is subject to the jurisdiction of the United States, creating a government-to-government relationship and establishing a Trust Relationship with the United States. This Definition and the Definition in P.L. 103-454—NOV. 2,1994 are in conflict.
In 25 U.S.C.§§ 1301-1304 - The Indian Civil Rights Act of 1968 definition of an Indian Tribe is: “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.” Again, in 7 Statute 18, the Treaty of 1785, Article III States: “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.” Therefore, by Statute, The Chickamauga Nation is subject to the jurisdiction of the United States, creating a government-to-government relationship and establishing a Trust Relationship with the United States. This Definition and the Definition in P.L. 103-454—NOV. 2,1994 are in conflict.
In 25 USC 5129 Act of June 8 1934 – Indian Reorganization Act “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 an Indian reservation, and shall include all 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.
In 25, USC 5129 above, the definition of Indian for Citizens of The Chickamauga Nation is, “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,” since the comma at the end begins a new grouping of people to define as Indian. Again, we are defined as Indians by 25 USC 5129 which is in conflict with P.L. 103-454 – Nov. 2, 1994.
Finally, it is believed that these laws are a violation of the Civil Rights of every Citizen of The Chickamauga Nation. We are under advisement to seek out every possible remedy to these violations for every Citizen of The Chickamauga Nation in the timeliest manner as possible.
While we cannot encourage or promote the dancing of the Ghost Dance, we can provide resources for anyone interested in the regalia our ancestors would have worn at the time these ceremonies and rituals were performed during the 1800s.
(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.