This Letter Was Sent to the Congress of The United States
As the National Executive Chief of the West Region of The Chickamauga Nation it is my duty to report to the Congress of the United States, violations in accordance with 7 Statute 18 November 28, 1785 – The Treaty of Hopewell.
ARTICLE XI.
The said Indians shall give notice to the citizens of the United States, of any designs which they may know or suspect to be formed in any neighboring tribe, or by any person whosoever, against the peace, trade or interest of the United States.
To the Congress of the United States:
First, an act of aggression was committed against The Chickamauga Nation by the National Park Service at the moment of signing a Memorandum of Understanding on April 20, 2022 with the Cherokee Nation of Oklahoma Incorporated illegally granting them the right to come into Arkansas at the Buffalo River to gather plants and vegetation. This MOU is an act of intentional aggression by the United States and her ally in violation of The Chickamauga Nation Treaty Rights and Traded Land Rights of 1809, 1817, and 1819. The Cherokee Nation of Oklahoma Incorporated only has the rights of a corporation of the state of Oklahoma.
Second, the Cherokee Nation of Oklahoma Incorporated NEVER signed a treaty in Arkansas nor had lands traded to them in Arkansas which would grant them hunting, fishing, or gathering rights. The ONLY signatories on the Traded Lands agreement with Thomas Jefferson as well as the 1817 and 1819 Treaties concerning lands in Arkansas were Chickamauga who are not ethnically, socially, culturally, or religiously Cherokee.
Third, The Cherokee Nation of Oklahoma Incorporated citizenship requirements is that the name of the Citizen be on the Dawes Roll. All Arkansas Indians were expressly prohibited from being allowed on the Dawes Roll and therefore proving they have no ancestral rights or privileges to gather in Arkansas.
Fourth, this exacerbates tensions of hostilities between the Cherokee Nation of Oklahoma Incorporated and The Chickamauga Nation in our traditional lands of which we hold those gathering rights, not the Cherokee Nation of Oklahoma Incorporated.
Fifth, this is in direct violation of our Civil Rights in that we are being denied our 14th Amendment rights of Equal Protection under the law as well as our 14th and 5th Amendment rights of Due Process. We are not protected by the National Parks Service and have never been contacted by the National Parks Service to provide us our legal rights of being heard in a hearing.
Due Process has been denied in that a retrospective law, (25 US Part 83 requires federally recognized tribes to be placed on the list of tribes who are recognized to receive benefits and services from the BIA) expressly violates our rights in that we already possess a government-to-government relationship with the United States as demonstrated with our signing 16 Treaties which are enshrined in US Statute and Code.
Sixth, this Memorandum of Understanding is in direct violation of the Indian Non-Intercourse Act of 1790. Congress has not specifically granted written authority to the Cherokee Nation of Oklahoma Incorporated to come into the State of Arkansas and take trade items back into Oklahoma for the purpose of making Arts and Crafts as well as medicinal items to sell.
Finally, the Cherokee Nation of Oklahoma is a Self-Terminated Tribe with Congressional Approval of their termination in 1902 and a Congressionally Terminated Tribe in 1906 by the Curtis Act with no Congressional Re-Recognition granted to the Corporation since termination. However despite these inconsistencies, they erroneously remain on the List of Tribes who are Recognized to Receive Benefits and Services from the BIA when they are NOT a Federally Recognized Tribe since they are Terminated and have NO tribal rights.
Here is the Timeline for Termination of the Cherokee Nation of Oklahoma Incorporated
https://the-chickamauga-nation.webflow.io/post/timeline-of-the-termination-voluntary-and-involuntary-of-the-cherokee-nation
Here is the documentation they have NEVER been re-recognized by Congress
https://the-chickamauga-nation.webflow.io/post/they-have-never-been-re-recognized
We would seek the following remedy: Congress require the Department of Interior’s National Parks Service to terminate the memorandum of Understanding with The Cherokee Nation of Oklahoma Incorporated.
Chief Jimmie W. Kersh
National Executive Chief of the West Region
The Chickamauga Nation