The Laws of the Cherokee Nation Do Not Recognize the Chickamauga as Cherokee Nor Do The Chickamauga
Under the constituted authority of the Cherokee Nation, a resolution passed on October 31, 1829, with provisions relating to citizens removing to Arkansas. Enrolled emigrants shall be treated as non-citizens and shall forfeit all rights and privileges as citizens of this nation.
In 1830, regarding an old non-citizen named Dark Horse, his four sons filed claim in the Cherokee Supreme Court. The Court ruled against the family. Elias Boudinot wrote in the Cherokee Phoenix, a bilingual newspaper, explaining the relationship that was ruled on with the Arkansas/Western Cherokee to the public: “They are our brothers, but they have left us [and] have rights in their own country. They are citizens of another Nation.”
In 1840, John Ross, who is not an Arkansas Cherokee, stated to General Arbuckle at Fort Gibson, “If any of our people refuse to abide by the Cherokee laws, the world is large, they can leave us. But if they remain in our country being part of our people, they must come under our laws”. This was stated after a violent takeover of the Arkansas Tribal Constitution and Government after the Ross people came west. There were no assassinations occurring in the West before they arrived. Ross required that Arkansas people must receive amnesty before the new council and could confess to threat against Ross’ new government. The Arkansas people were disqualified from offers of government.
These laws have not been legislatively put away, amended, rescinded or appealed. The Arkansas tribe refused to comply with the Cherokee genocide.
The John Ross Council, 1840, resolved that Alexander Foreman be and is hereby appointed and authorized to collect all public papers and records of the LATE Western Cherokee Nation (Chickamauga) and deliver the same to the National Council at its next session. Who gave John Ross the power and authority to terminate a nation?
President James Monroe, in 1817 to a delegation from Arkansas, stated in treaty, “As long as water flows, grass grows upon the earth, or the sun rises to show your pathway or you kindle your campfire, so long shall you be protected by this government and never again be removed from your present habitation”.
We ask, does the water still flow? The United States Geological Survey stream gauge at Petit Jean River at Danville, shows water still flowing. Does the grass grow? The Arkansas Heritage Commission (phone number 501-324-9150) states grass still grows. Does the sun rise? The National Weather Service National Oceanic and Atmospheric Administration states the sun still rises. Do we kindle our fires? The Arkansas Department of Public Safely still reports fires in Arkansas. Have we been removed from our habitation? The Chickamauga are not trail of tears Cherokee. We are not responsible for their removal. The Government protection was violated by Major General Gaines when he threatened to hang Chief Takaktookeh from a sapling, which was reported by Cephas Washburn of the Dwight Mission in 1824.
To lump us together is genocidal and racist. None of this was legislatively decided on or approved.
(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.