THE CHICKAMAUGA NATION TO CONGRESS
As Chief of the West Region of The Chickamauga Nation I feel obligated to inform the members of the House and Senate of potential religious discrimination against The Chickamauga Nation in its attempts to be placed on the List of Tribes who are Federally Recognized as eligible for Services and Benefits from the BIA.
American Indian Religious Freedom Act of 1978 as amended 42 U.S.C. § 1996 allowed the Citizens of The Chickamauga Nation the right to practice their religion and government for the first time since December 2, 1882 when their religion and government was banned by the United States of American with the establishment of the Indian Religious Crimes Codes which established the Code of Indian Offenses. By the United States banning the religion of the people of The Chickamauga Nation in 1882, it also banned the government of the people since both have been traditionally intertwined in the Mound Culture’s Southeast Ceremonial Religious Cult since 800 CE.
When any representative of the United States asks questions concerning The Chickamauga Nation going into the Part 83 process it is a violation of the civil rights of the Citizens of The Chickamauga Nation in that it is a Religious Test in Violation of the United States Constitution as previously established. By asking The Chickamauga Nation if its government existed from 1900 to 1978 is a question of entrapment on religious grounds. If they answer yes, then they are admitting to violating federal code and statute. If they say no, then in part 83, the government ascertains their non-existence in accordance to code and statute. It is a further violation of the United States Constitution in that Part 83 is retrospective or ex-post-facto in that the rights of the Citizens of The Chickamauga Nation were already established as Federally Recognized prior to 1841. (see below).
Further, pursuant to 25 CFR Part 83 §83.2 “The regulations in this part implement Federal statutes for the benefit of Indian tribes by establishing procedures and criteria for the Department to use to determine whether a petitioner is an Indian tribe eligible for the special programs and services provided by the United States to Indians because of their status as Indians. A positive determination will result in Federal recognition status and the petitioner's addition to the Department's list of federally recognized Indian tribes.” It would be a violation of the Canons of Construction of the purpose of 25 CFR Part 83 §83.2 to even suggest The Chickamauga Nation enter into the Part 83 process since their existence pre-dates the establishment of this statute as already establish (see below).
George Washington in 1792 acknowledged the government-to-government relationship with the Chickamauga in his Fourth Annual Address to Congress in that he acknowledged the dissatisfaction of the Chickamauga by name with treaties that were signed and that the Congress of the United States must address the Chickamauga which had a few days prior declared war on the United States. The Secretary of War also demonstrates this relationship when he writes in this same two-week period that, “the Congress is to debate war and peace with the Chickamauga.”
Academically verified research is definitive the Chickamauga are NOT ethnically, culturally, socially, or religiously Cherokee. The only ties the Chickamauga had with the Cherokee were linguistically, the Chickamauga spoke a dialect of Cherokee along with their traditional Muscogean and Mobillian languages. The Chickamauga also spoke French, Spanish, English, Creek, Chickasaw, and Choctaw, but they were known not to be those people. To imply the Chickamauga are Cherokee would be the same as claiming an Indian Agent for the United States is Creek or Choctaw simply because they spoke Creek or Choctaw. It is illogical.
The treaties which the Chickamauga co-signed with the United States specifically state, “To All The Cherokees,” ultimately all those who spoke Cherokee.
Therefore; Pursuant to 7 Stat 18, 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.”
It is assumed by the Department of Interior’s Bureau of Indian Affairs that the List of Indian tribes eligible for the special programs and services provided by the United States to Indians because of their status as Indians is sacrosanct in and of itself. It is not. The List is incomplete in that all treaty holders, in particular, 7 Stat 18 signers, are excluded. Therefore; the List is in violation of Article 6 clause 2 of the United States Constitution in that the supreme law of the land are treaties, not items which supersede treaties as Marbury v Madison upholds the understanding that a law that violates the constitution is not a law and it not, therefore, enforced. The Chickamauga Nation, as co-signers to over 16 codified treaties with the United States, demonstrates the illegality of the List in that it violates the Supremacy Clause of the Constitution, thus according to Marbury v. Madison, the List is not law and shall not be observed as such until it is brought into accordance with all of the signers of all of the treaties made with the United States.
And pursuant to 48 STAT 984, 25 USC 461 as amended through Public Law 109-221, May 12, 2006 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.”
It is therefore established that signers of 7 Stat 18, are under the protection or jurisdiction of the United States. It is therefore additionally established in 48 STAT 984, 25 USC 461 the term “Indian” all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction.” Using the Canons of Legal Construction’s Semantic Canon, the language is quite clear in 1934, that the Chickamauga are under Federal jurisdiction since they are co-signers of 7 Stat 18. When in doubt, Cohen and Pevar along with the Supreme Court are conclusive in their analysis of Code and Statute dealing with Indians in that the meaning must always be interpreted in favor of the Indians. These Canons of Construction also includes Syntactic Canons in the that punctuation must be observed as well when reading the construct of the code or statute. The comma after “Federal jurisdiction” separates the thought and delineates a second group of people from the first.
Further, pursuant to Public Law 103-454, 108 STAT. 4791, SEC 103.2 “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.” According to 7 Stat 18, Article 3 and 48 STAT 984, 25 USC 461, it is obvious that Public Law 103-454, 108 STAT. 4791, SEC 103.2 further established that the Chickamauga have a trust relationship with the United States, a government-to-government relationship with the United States, and that the United States recognizes the sovereignty of the Chickamauga.
It is understood that silence within a contract (treaty) from either party does not void a contract. Therefore; the Silence of the United States nor The Chickamauga Nation has voided any of the Treaties (contracts) signed between the two parties. Nor does it constitute extinction or annihilation.
It is further understood by the academic verification process that the Chickamauga nor The Chickamauga Nation have ever been terminated by the Congress of the United States and are therefore the government of The Chickamauga Nation remains co-signatories of over 16 treaties inclusive of all rights and privileges of those treaties without exception.
Additionally, pursuant to 25 CFR Part 83 §83.2 “The regulations in this part implement Federal statutes for the benefit of Indian tribes by establishing procedures and criteria for the Department to use to determine whether a petitioner is an Indian tribe eligible for the special programs and services provided by the United States to Indians because of their status as Indians. A positive determination will result in Federal recognition status and the petitioner's addition to the Department's list of federally recognized Indian tribes.” It would be a violation of the Canons of Construction of the purpose of 25 CFR Part 83 §83.2 to even suggest The Chickamauga Nation enter into the Part 83 process as already establish above.
Therefore; I ask you to immediately correct this issue and place The Chickamauga Nation on the List of Tribes who are Federally Recognized as eligible for Services and Benefits from the BIA.
(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.