Chief Jimmie W. Kersh Editorial
McGirt
In McGirt v. Oklahoma, Gorsuch mistakenly ruled in the favor of McGirt in stating that the 5 Civilized Tribes retained sovereign Reservation Status from previous treaties. He was abjectly wrong because the governments of the Five Civilized Tribes and their treaty rights were terminated by the will and intent of the Congress which hold Plenary Power to do so at their own whim.
All five of the Five Civilized Tribes governments were TERMINATED in 1906 in the Curtis Act. Their territories (not Reservations within the Text of the Curtis Act) were allotted and the lands of the territories ceased to be governed by the Tribes but was held in fee simple title to the individual former Citizens of their governments. There are no exceptions within the law.
While I think Gorsuch was attempting to to do the right thing, he read into the law, that which was not in the law. He could not rule the "reservations" nor the "governments" still existed because Congress terminated those rights and privileges in the Final Curtis Act of 1906. The Reservations of the Five Civilized Tribes DO NOT EXIST and according the the text of statute and code never did, only territorial lands given to the tribes existed.
Oklahoma v. Castro-Huerta
In Oklahoma v. Castro-Huerta the court got is closer to right but still is hung up on the idea of "reservations." They still missed the mark in paying homage to the idea that the former territorial lands were reservations. In the Curtis Acts of 1896 - 1906 the Original Intent of the Congress using their Plenary Powers was to remove any special identity to the Five Civilized Tribes in that they had all acculturated and had been assimilated into white society and culture. This is why the Cherokee, in 1902, requested and received a preemptive termination from the Congress early so the tribe could access allotment of the land sooner so their people could take fee simple title to the lands. This was a bold and smart move on behalf of the Cherokee in that the lands were to be held in reserve by the federal government for the allottees for 25 years and the sooner they could get the lands in their names, especially since the Indian Territory was about to become the state of Oklahoma.
The 1896 - 1906 Curtis Acts ended the rights to the treaties of the Five Civilized Tribes in that they were no longer necessary for the "pupilage" or "tutelage" protection of the Tribes. Castro-Huerta still took a retrospective look at these tribes with a pre-Curtis Act reading of the law. The Original Intent of Congress with the Curtis Acts was clear. The Congress using their Plenary Power TERMINATED the Five Civilized Tribes and all of their Rights and Privileges of their governments including the treaty rights associated.
The Chickamauga Nation
Let me be clear: The Chickamauga Nation is the sole remaining signatory Indian government on at least 17 treaties with the United States in which we were either sole signatories or co-signatories with the Cherokee. This is inclusive of the 1809 land trade treaty with Thomas Jefferson, 7 Stat 311 – 1828 Treaty, 7 Stat 413 – 1833 Treaty, 7 Stat 474 – 1833 Treaty, and 7 Stat 478 – 1835 Treaty all of which reference the outlet to the West for the Chickamauga signers. Non of these Treaties have ever become obsolete since The Chickamauga Nation signed these treaties with the Congress of the United States and has NEVER been terminated by the Congress of the United States.